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

 
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 14 September 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 9 December 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 27 October 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 9 December 2020, and you were given 30 days in which to submit a response. 
 
The Board carefully considered your request to remove, or in the alternative make not observed, the adverse fitness report covering the period 1 April 2019 to 13 November 2019.  You argue that the report is unjust because it was not based on your performance but was marked adverse in retaliation for your request mast.  You additionally contend the report is erroneous because it was submitted late, you did not receive adequate counseling, and the Page 11 you received during the reporting period was based on minor infractions.  You included with your petition informal counseling entries received during the reporting period, medical documentation, text messages between you and your command staff, draft versions of the contested report, your Page 11 of 22 October 2019 and your rebuttal to the Page 11.  
 
The Board noted you received four informal counseling entries before receiving the Page 11, that one of those entries documented your relief from duties as platoon sergeant, and that the Page 11 entry stated you were counseled repeatedly for incomplete tasks, tardiness and inability to uphold the standards expected of a Sergeant.  The Board concurred with the AO that you did not provide sufficient evidence that the report was based on retaliation, that a late report entry does not invalidate the report, that the Performance Evaluation System manual does not mandate formal counsel and allows the command to determine when a Page 11 entry is adverse.  The Board found that the command accurately provided justification regarding the adversity of the report.  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, 
10/01/2021
Executive Director