DEPARTMENT OF THE NAVY 

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

Docket No: 2393-16 
FEB 05 2017 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 of the United States Code, section 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 29 November 2016. The names and votes ofthe members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in suppOli thereof, your naval record, and applicable statutes, 
regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished 
by Headquarters, Marine Corps (MMRP-13) dated 15 March 2016, a copy of which was 
previously provided to you. 

Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence of 
record. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

The Board, in its review of your entire record and application, carefully considered your desire to 
have your fitness report for the reporting period from 1 August 2014 to 7 January 2015 removed 
from your record. In this regard, the Board considered your contentions that (1) you did not 
receive required training and/or counseling regarding your billet description, (2) you should not 
have been assigned to the Officer Selection Office, and (3) the report was submitted late. The 
Board also considered as a mitigating factor that there was a conflict between you and your 
reporting senior due to his unprofessional and inappropriate conduct as evidence by the punitive 
letter ofreprimand that he was issued on 21 August 2015. The Board determined that removal of 
the contested report from your record is not warranted. Specifically, the Board concurred with 
the AO that you did not substantiate that you were improperly assigned to your billet, that you 
lacked required training or guidance as a result ofyour RS 's improprieties. Therefore, the Board 
concluded that the contested report is anything less than a true and accurate reflection of your 
exhibited effo1is and results. Further, the contested report is administratively and procedurally 
correct as written and filed, and the timeframe in which it was submitted does not invalidate the 
report. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date ofthis letter. New evidence is evidence not previously 
considered by the Board prior to making its decision in your case. In this regard, it is important 
to keep in mind that a presumption of regl;llarity 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 ofprobable material e1rnr or injustice. 

Sincerely, 


Executive Director