DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7509-20 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 3 August 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 15 October 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 22 September 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 15 October 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 15 January 2019 Administrative Remarks (page 11) 6105 counseling entry and 17 January 2019 rebuttal statement. You also request to remove your fitness report for the reporting period 9 January 2019 to 11 January 2019. The Board considered your contention that you did not violate any policies or orders by not searching your Marines prior to executing travel back to the United States and going through the metal detector at the Manila International Airport. You also contend that there were no standard operating procedures stating that ammunition had to be accounted for or that you were responsible for searching your groups’ luggage before travel. You claim that your chain of command was quick to assign blame, you were singled out, no one was hurt, you arranged lodging for the night, and everyone departed the next morning. You also claim that the Preliminary Inquiry (PI) recommended that you receive a non-punitive letter of caution (NPLOC). The Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual, you were issued a 6105 entry counseling you for being relieved of your duties as platoon sergeant and failing to conduct proper line-out procedures while conducting official travel in the Philippines. The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entry was written and issued according to the IRAM. Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action and it afforded you the opportunity to submit a rebuttal. Moreover, your commanding officer (CO) signed the entry, and he/she determined that your substandard performance was a matter essential to record, as it was his/her right to do. The Board also determined that your CO had a sufficient factual understanding of the circumstances to conclude that a page 11 entry was warranted. Concerning your request to remove your contested fitness report, the Board substantially concurred with the PERB decision and AO that your fitness report is valid and should be retained as filed. In this regard, the Board noted that your fitness report was marked adverse because you were relieved of your duties as platoon sergeant for performance related adversity. Specifically, as the stick leader, you failed to conduct line outs prior to travel, which resulted in the discovery and confiscation of 30 5.56 rounds and 14 magazines from your groups’ luggage. The Board determined that the PI supported the factual basis for your relief. The Board found no evidence that you were singled out or that your chain of command acted contrary to regulations and you provided none. The also determined that the PES Manual required your RS was required to document your relief for cause and your RS was not limited to the PI’s recommendation that you receive a NPLOC. 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, 8/24/2021 Executive Director