DEPARTMENT OF THE NAVY 

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

Docket No: 6654-16 

Dear : 

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

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 17 March 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror 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 support thereof, your naval record and applicable statutes, 
regulations and policies. In addition, the Board considered the advisory opinion (AO) provided 
by Headquarters, Marine Corps (MMRP-13) dated 27 July 2016, a copy ofwhich was previously 
provided to you. 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
have your adverse fitness report for the reporting period 4 November 2014 to 8 July 2015 
removed from your record. The Board considered your argument that your Reporting Senior 
used the contested report as a counseling and disciplinary tool, and that you believe the occasion 
for your fitness report "Transfer" should have been "Annual." The Board determined that 
removal of the contested report from your record is not warranted. In this regard, the Board 
noted that, although your Commanding General concluded that your actions did not constitute 
sexual harassment, there were a number ofoccasions where your performance fell short ofthat 
which is expected ofa Marine ofyour grade. Additionally, the Board significantly concurred 
with the AO and concluded that you did not sufficiently substantiate your contentions. Further, 
the contested report is administratively and procedurally correct as written and filed. 
Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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 error or injustice. 

Sincerely, 


Executive Director