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


Docket No: 836-18 
SEP 17 2018 


Dear Staff 


This is in reference to your application for correction ofyour 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 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 29 June 2018. The names and votes ofthe members ofthe 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 advisory opinion (AO) provided in the 
enclosed Headquarters, Marine Corps memorandum 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 1 January 2017 to 19 January 2017 from your official military personnel file. 
The Board considered your contention that the FITREP was issued in retaliation against you for 
actions you did not commit and for your decision to exercise your constitutional rights. The 
Board significantly concurred with the AO. Specifically, the fitness report was administratively 
and procedurally correct as written and filed. Additionally, the FITREP was appropriately 
marked adverse based on your relief and for receipt of derogatory material in the form ofa 6105 
counseling. The Third Officer Sighter appropriately adjudicated any factual differences between 
yourself, the Reporting Senior and the Reviewing Officer. 

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

Sincerely, 


Executive Director