DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 6097-20 
Ref: Signature Date 

Dear  : 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 22 June 2021. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations, and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, as well as the 23 July 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 12 May 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30). The PERB decision and AO were provided to you on 23 July 2020, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your fitness report for the reporting period 2 May 2019 to 30 September 2019. The Board considered your contention that you filed an Inspector General (IG) complaint about your reporting senior (RS), and your RS marked your fitness report very low in retaliation for filing the complaint against him. 
The Board, however, substantially concurred with the PERB decision and AO that your fitness report is valid as modified. In this regard, the Board noted that the PERB approved a correction to your fitness report by removing your reviewing officer’s (RO’s) statement, “SNM has potential for growth and development and is recommended for promotion when ready.” The Board found no evidence that your complaint against your RS was substantiated by the IG or that your RS’s evaluation of your performance was in retaliation for filing the complaint and you  
provided none. 

The Board noted that you were issued a 6105 page 11 entry counseling you for your inability to perform your duties as the First Sergeant by exercising unsound judgment, ineffective communication, and inadequate administrative procedures which negatively impacted the company’s mission. Although not documented in your fitness report, the Board opined that your counseling entry was most likely the basis for your low marks. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 
7/6/2021 

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