Docket No: 3981-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   
 
A three-member panel of the Board, sitting in executive session, considered your application on 23 April 2019.  The names and votes of the members of the 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 of this 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 Board also considered the Headquarters, Marine Corps (MMRP-13/PERB) advisory opinion (AO) dated 2 May 2018.       
 
The Board carefully considered your desire to remove your fitness report for the reporting period 10 July 2016 to 3 April 2017 and to remove your Administrative Remarks (Page 11) 6105 counseling entry dated 24 February 2017.  The Board considered your contention that all fitness reports marked “disciplinary action” require the report to be a DC (directed by Commandant of the Marine Corps) report.  You argued that your civilian conviction does not meet the criteria for a disciplinary action.  Further, the Page 11 was not issued in accordance with MCO 1900.16 because you were counseled on 18 May 2017, a month and a half after you checked out from the unit and the Page 11 was backdated 3 months in an attempt to justify an adverse fitness report. 
 
The Board noted that the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB) determined that the report was procedurally correct but did contain a correctable administrative error.  The Marine Corps' course of action was to remove the mark from Section A, Item 6c (Disciplinary Action).  The AO recommended the report, as modified by HQMC remain in your record.  Further, while the reporting period ended on 3 April 2017, the report was 
not signed by the Reporting Senior (RS) and rebutted by you until 25 May and 26 May 2017, respectively.  The issuance of the Page 11 counseling was the proper documentation and 
recording of your guilty plea, constituting derogatory material and adversity in accordance with Marine Corps policy.  The Board believed that you were properly counseled upon being convicted in civil court, but an administrative error occurred when the counseling was not memorialized in a Page 11 entry, and that error was corrected on 18 May 2017.  The Board also noted that while the Commanding Officer (CO) is required to sign the counseling entry, the CO is not required to be the officer administering the counseling.  The Board substantially concurred with the AO and concluded that you failed to meet the burden necessary to establish an inaccuracy or injustice warranting the removal of the fitness report or the counseling entry.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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 case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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 of probable material error or injustice.   
 
 Sincerely, 
  8/29/2019Executive Director