DEPARTMENT OF THE NAVY 

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


Docket No: 42-18 
Nov 01 2018 


Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 11 July 2018. 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 enclosed advisory opinion (AO) 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 your fitness report (FITREP) for the 
reporting period 24 December 2000 to 30 June 2001. The Board considered your contention that 
the contested FITREP is not marked adverse although the Reviewing Officer (RO) made several 
comments that are adverse in nature. Additionally, your RO and Reporting Senior (RS) never 
provided counsel on adverse performance. The Board significantly concurred with the 
comments and recommendation provided in the AO. Specifically, that the RO comments are not 
adverse in nature and he only commented on the placement of the comparative assessment mark 
that shows you fall in line with all other Marines the RO has reviewed except one that is on the 
fifth level ofthe comparative assessment tree. 

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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director