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

Docket No: 8721-20 
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 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. The Board also considered the 9 December 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 20 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 an Administrative Remarks Page 11 entry you received on 24 April 2018 and an adverse fitness report covering the period 28 October 2017 to 30 April 2018. You received the Page 11 for lack of attention and inability to identify shortfalls in the planning and execution of a safe range contributing to a mishap. You were relieved for cause of your duties as Company First Sergeant. You received the adverse fitness report documenting the Page 11 and relief for cause. 

You contend that the report is erroneous and unjust as the Third Officer Sighter (TOS) added adverse comments to the report that you were not able to rebut; you also argue that the Page 11 was unjust as it was written before the completion of the investigation. The Board noted that the Safety Investigation Report noted that no night rehearsals were executed during the previous night’s range and that Squad leaders informed the Company leadership that they were not comfortable executing the night range. These facts were stated in the TOS comments and you did not dispute their veracity. The Board concurred with the AO that the command properly provided the factual basis for the performance-related relief. The Board further noted that pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, commanding officers have wide discretion regarding the subject matter of a counseling and an investigation is not required to submit a Page 11. The Board found that you presented insufficient evidence of material error or injustice warranting corrective action. Consequently, the Board determined that the fitness report and Page 11 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, 
10/1/2021