DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
 
Docket No: 1631-18 
Ref: Signature Date 

Dear 

This letter is in reference to your latest reconsideration request. You previously petitioned the 
Board for Correction of Naval Records (Board) and were advised in our letter dated 
24 January 2017 that your application was disapproved. Your case was reconsidered in 
accordance with Board procedures that conform to Lipsman v. Secretary of the Army, 335 F. 
Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of your new and 
material evidence or other matter not previously considered by the Board, the Board found the 
evidence was insufficient to establish the existence of probable material error or injustice. 
Consequently, your application has again been denied. 

In your previous petition to the Board (Docket #10-16), you requested removal of your fitness 
report for the reporting period 1 April 2013 to 28 August 2013 (“FITREP”). Your current 
application requested removal of the FITREP, and an additional request to remove the 
administrative remarks (Page 11) 6105 counseling entry dated 13 September 2013. Your 
current request has been carefully and conscientiously examined by a three-member panel of 
the Board, sitting in executive session 5 March 2019. The names and votes of the members of 
the panel will be furnished upon request. Documentary material considered by the Board 
consisted of your application and any material submitted in support of your application, and the 
21 December 2015 advisory opinion (AO) provided by the Marine Corps Performance 
Evaluation Review Board (PERB), previously considered in your case. 

Your new evidence included an advocacy letter from your then-Reporting Senior (RS) and 
your then-Element Leader, endorsing your request to remove the contested FITREP and 
counseling entry. You contended that your first request was denied, in part, because you did 
not provided proof that the FITREP’s RS supported your request to have the FITREP removed. 
Additionally, you elected to submit a rebuttal statement, but it was not entered into your 
official military personnel file OMPF. The Board found that the comments and 
recommendation previously provided in the AO are also applicable to your reconsideration 
case. Specifically, the Board determined that you were held accountable for myriad of 
deficiencies throughout the reporting period, and that you acknowledged RS’s assessment and 
did not deny any of his identified deficiencies. The Board noted that your advocacy letters 
explained the circumstances that led to the adverse FITREP, but the Board was not convinced 
that it was not warranted. Additionally, the Board noted that he 6105 counseling was issued as 
a result of you being relieved of your duties, and although you indicated that you “choose to” 
submit a written statement, there was insufficient evidence, such as a copy of the rebuttal 
statement, that you did submit a rebuttal. While the Board found it admirable that you were 
able to overcome the difficulties that you were experiencing during that period of time, the 
Board determined that the evidence is insufficient to substantiate your contentions that your 
FITREP is in error or unjust. Finally, since the Board did not find your relief to be in error or 
unjust, the Board concluded that the 6105 counseling and FITREP shall remain in your OMPF. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. 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 the absence of sufficient new and material evidence for 
reconsideration, the decision of the Board is final, and your only recourse would be to seek 
relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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, 

6/12/2019 



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