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

Docket No: 7266-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to 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 22 October 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 enclosed 23 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.       
 
The Board carefully considered your request to remove your fitness report for the reporting period 2 December 2010 to 27 May 2011.  The Board considered your contention that, after a successful deployment and promotion, the same reporting senior (RS) who issued you an above average fitness report in the grade of sergeant, issued you an adverse staff sergeant fitness report.  
 
The Board, however, substantially concurred with the AO that the report is administratively and procedurally correct as written and filed.  The Board noted that you received an Administrative Remarks (Page 11) 6105 counseling during the reporting period.  Therefore, “Adverse,” Item 6.b, “Derogatory Material,” and Item 7.b, not recommended for promotion, are all marked with an “X,” rendering the report adverse.  Additionally, a directed comment is required if the RS checks item 5.a, 6.b, or 7.b of section A.  The required directed comments are present in your RS’s Section I comments.  The Board thus concluded that the report does not constitute probable material error or injustice warranting corrective action.  

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 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.