DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8722-20 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 7 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 furnished by the Marine Corps Performance Evaluation Review Board (PERB), and the 16 October 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30). 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. Although you were afforded an opportunity to submit a rebuttal, you did not do so. The Board carefully considered your request to remove your 16 July 2018 Administrative Remarks (page 11) 6105 counseling entry and 18 July 2018 rebuttal statement. You also request to remove your fitness report for the reporting period 1 July 2018 to 16 July 2018. The Board considered your contentions that your page 11 entry and adverse fitness report were excessive, and that your chain of command had insufficient evidence to make a case. You claim that you did not make a conscious decision to avoid physical training, you could not locate the Marine Corps Martial Arts Program (MCMAP) course, and you attempted to call and text the MCMAP instructor, but did not hear from him. As evidence, you furnished correspondence from your command’s MCMAP instructor and training chief. The Board, however, determined that your page 11 entry and fitness report are valid. In this regard, the Board noted that pursuant to the Marine Corps Separation and Retirement Manual, you were issued a page 11 entry counseling you for not being at your appointed place of duty and for not following orders on numerous occasions. The Board also noted that according to the Marine Corps Individual Records Administration Manual (IRAM) you were properly counseled and determined that the contested entry was written and issued according to the IRAM. Specifically, the Board found that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, the consequences for failure to take corrective action, and it afforded you the opportunity to submit a rebuttal. Moreover, your commanding officer (CO) signed the entry and determined that your deficiencies were a matter essential to record, as it was his/her right to do. The Board found no evidence of your efforts to contact or inform your chain of command of your inability to locate the MCMAP course and you provided none. The Board also determined that your CO had sufficient justification to conclude that your page 11 entry was warranted. Concerning your request to remove your fitness report for the reporting period 1 July 2018 to 16 July 2018, the Board substantially concurred with the AO. The Board noted that you were relieved for cause as the platoon sergeant due to performance related adversity. The Board also noted that you acknowledged your performance related deficiencies that resulted in your platoon commander’s loss of trust and confidence. The Board determined that although your page 11 entry was documented as Derogatory Material and referenced in your section I, the underlying basis for your reports adversity was your relief for cause as the platoon sergeant. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 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, 9/20/2021 Executive Director