DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 7576-20 
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. 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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. The Board also considered the 5 October 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), the 3 July 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the AO). The PERB Decision and the AO were provided to you on 5 October 2020, and you were given 30 days in which to submit a response. 

The Board carefully considered your request to remove the fitness report covering the period 4 February 2020 to 13 May 2020. The report is adverse because your commanding officer (CO) relieved you for cause as platoon sergeant due to several safety violations by Marines in your charge on the demolition range. You argue the report is erroneous and unjust as the alleged violations involved a single incident which was inaccurately reported. In addition, you contend that you were not formally counseled. The Board noted that the report states the Marine who violated range regulations as well as the Battalion’s chief tactics instructor, who was present on the range, confirmed that range violations occurred. The Board further noted that formal counseling was not required; however, the reviewing officer (RO) stated in the RO comments section that he counseled you in writing on 13 May 2020 and that the Battalion Sergeant Major counseled you during the reporting period. The Board concurred with the AO that the fitness report did not violate the Performance Evaluation System Manual, as the reporting chain accurately documented in Section I the underlying basis of the adversity, the lack of trust and confidence in your leadership. Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 

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, 
8/9/2021