DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 9000-17 
FEB 22 2018 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 1O ofthe United States Code, section 1552. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 24 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 ofyour application, together 
with all material submitted in support. thereof, relevant portions of your naval record, and 
applicable statutes, regulations, and policies. The enclosed advisory opinion (AO) provided in 
the Headquarters, Marine Corps memorandum dated 31 October 2017 was 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 the fitness report for the reporting period 
1July2016 to 1 March 2017 from your Official Military Personnel File (OMPF). The Board 
considered your contentions that the fitness report is unjust because you never received an initial 
counseling from the Reporting Senior (RS), that the Reviewing Official's markings and 
comments are retaliatory, and that the fitness report was completed and submitted without the 
benefit of a Marine Reported on Worksheet or counseling. The Board noted that the 
Performance Evaluation Review Board (PERB) took partial corrective action by modifying the 
contested fitness report. The Board, with consideration of the modified fitness report, 
significantly concurred with the AO and concluded that you did not sufficiently substantiate the 
existence of an error or injustice warranting removal ofthe fitness report. The Board determined 
that the fitness report, as modified by the PERB, shall remain in your OMPF. Accordingly; your 
application has beeri 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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director