DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 1STSGT USMC Dear First Sergeant 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 24 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 15 October 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) and the 19 August 2020 Advisory Opinion (AO) provided to PERB by the Manpower Management Division Records and Performance Branch (MMRP-30). The PERB decision and the AO were provided to you on 15 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 23 September 2019 to 14 April 2020 and the Administrative Remarks Page 11 counseling entry dated 14 April 2020. During the reporting period, you served as Company D First Sergeant for First Recruit Training Battalion. The report is adverse because your commanding officer (CO) issued you a Page 11 entry for improperly coordinating a regimental training schedule modification, creating an unscheduled meal period at the chow hall, which resulted in financial loss. You argue the Page 11 and fitness report are erroneous and unjust, as your CO did not direct a command investigation to confirm the facts before issuing the Page 11. The Board noted that the Page 11 states the command had other additional concerns about your performance, which was not cited in the fitness report, to include the fact that you were relieved for cause. The Board further noted that you did not deny the circumstances surrounding the chow hall incident as the Third Officer Sighter stated in the report “there are no factual differences to adjudicate” and you had the opportunity to rebut the report. 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 Board also found the Page 11 is valid as your CO had the authority to formally counsel you regarding the incident and there is no legal requirement for a command to initiate a formal investigation prior to issuing a Page 11 entry. Consequently, the Board determined that the Page 11 and fitness report are 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, 8/24/2021 Deput Director