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

Docket No: 8151-18 
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 15 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, as well as the enclosed 26 September 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 26 September 2018, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 25 April 2013 to 29 July 2013.  The Board considered your contention that the adversity of the report was based upon an Administrative Remarks (Page 11) 6105 counseling entry that is not on file in your official military personnel file. 
 
The Board substantially concurred with the AO that the contested report is procedurally correct as written, but contains correctable administrative errors.  In this regard, the Board noted that Headquarters, Marine Corps corrected your report by removing the Section A, Item 6b “Derogatory Material” mark and the Section I Directed Comment, “…received a 6105 counseling entry in his professional record during this observation period.”  The Board also noted that the reporting senior marked attributes for “Setting the Example” and “Judgement” “A” (adverse) for exposing a junior Marine to an effort to falsify a Physical Fitness Test (PFT) and poor judgement by attempting to falsify a PFT to positively impact the performance record of another staff non-commissioned officer.  Moreover, the Board noted that in your fitness report rebuttal statement, you acknowledged your lapse in judgement and took full responsibility for your actions.  The Board determined that the reporting senior appropriately justified your adverse marks and the adverse marks for “Setting the Example” and “Judgement” appropriately rendered the contested report adverse.  The Board thus concluded that there is no probable material error or injustice warranting additional 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 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.