DEPARTMENT OF THE NAVY 

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

Docket No: 1865-17 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 30 January 2018. 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 of your application, together 
with all material submitted in support thereof, relevant portions of your naval record and applicable 
statutes, regulations and policies. The advisory opinions (AO) provided in two 
Headquarters, Marine Corps memorandums, both dated 16 February 2017, were sent to you for 
an opportunity to comment prior to being considered by the.Board. After the period for 
comment expired without a response, the case was presented to the Board.

The Board carefully considered your desire to remove your fitness reports for the reporting 
periods 20 October 2012 to 28 June 2013 ("CH FITREP") and 1June2014 to 24 May 2015 ("TR 
FITREP"), and if granted, then remove your failures to select for promotion to major. 

With regard to the CH FITREP, the Board considered your contentions that it contained negative 
words and phrases that would be interpreted as "velvet daggers" to members ofa selection board, 
and that you ex-wife's interference cast you in a bad light with the Officer-in-Charge and others 
in the Command. The Board substantially concurred with the AO and determined the words and 
phrases used in Section I did not meet the definition ofunacceptable words and phrases nor were 
they adverse. The Board also found insufficient evidence to support your contention that the 
Reporting Senior (RS) and Reviewing Officer (RO) were influenced by the problems supposedly 
caused by your ex-wife. 

With regard to the TR FITREP, the Board considered your contention that it is unjust because (1) 
the RS intentionally marked attributes to ensure the relative value ofthe report would be at the 
bottom of his profile, while writing laudatory marks in Section I and telling you, on two separate 
occasions, that your performance had greatly improved; (2) the RS stated that you should not be 
selected for major, but did not capture that opinion in Section A.7 because it would have 
rendered the fitness report adverse; and (3) there was a personality conflict between yourself and 
the RS due to timeliness, body composition, and the RS's lack of concern for your family after 
the birth ofyour son. The Board substantially concurred with the AO and determined there was 
insufficient evidence to support your contentions regarding your interactions with your RS or the 
RS's knowledge ofthe Command's interactions and your difficulties with your ex-wife. 
Additionally, the Board concurred that there was not enough evidence to show the TR FITREP 
was anything other than an objective, accurate, and fair assessment ofyour exhibited efforts and 
results. 

In view ofthe foregoing, the Board concluded that removal ofthe contested CH FITREP, the 
contested TR FITREP, and your failures to select for promotion to major is not warranted. 
Accordingly, your application has been denied. 

It is regretted that the circumstances of your 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