Docket No: 7785-20 
Ref: Signature Date 
 

Dear : 
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 24 November 2020.  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 carefully considered your request to remove your 23 July 2019 Administrative Remarks (page 11) 6105 counseling entry and your 7 August 2019 rebuttal statement.  You also request to remove your fitness report for the reporting period 1 July 2019 to 23 July 2019.  The Board considered your contentions that an injustice was recognized and validated by the   and the Commanding General stated, that Marines have weaponized the Marine Corps Prohibited Activities and Conduct Prevention Response Policy.  You also contend that you and two other first sergeants were victims.  As evidence, you provided correspondence from your current commanding officer (CO) and endorsements to your request for reenlistment. 
 
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 violations of the Marine Corps Prohibited Activities and Conduct Prevention and Response Policy.  The entry also notified you of your former CO’s loss of trust and confidence and your relief for cause.  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 in accordance with 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 CO signed the entry, and determined that your misconduct was a matter essential to record, as it was his/her right to do.  The Board reviewed the correspondence from your current CO and reenlistment endorsements, however, the Board determined your evidence was insufficient to remove your contested page 11 entry.  Further, the Board relies on a presumption of regularity to support the official action of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.   
 
Concerning your request to remove your fitness report for the reporting period 1 July 2019 to 23 July 2019, the Board determined that you have not exhausted your administrative remedies.  In this regard, the Marine Corps Performance Evaluation Review Board (PERB) is the initial action agency for fitness report appeals, therefore you must submit a request to the PERB in accordance with the Performance Evaluation Appeals Manual.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,