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

Docket No: 9310-18 
Ref: Signature Date 

Dear

This letter 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 that 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 10 December 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 23 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 23 October 2019, 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 14 June 2017 to 31 October 2017 and your 17 October 2017, Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contentions that the contested report evolved through various iterations after the submission of your rebuttal comments and erroneously reflects your performance as evidence by the fitness report’s changing nature.  You also contend that the page 11 erroneously states your involvement in an alcohol related incident and the allegation of fraternization and unduly personal relationships are unfounded and do not meet the criteria described in the Marine Corps Manual.

The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct as written and filed.  In this regard, the report was marked adverse due to your receipt of derogatory material, specifically, the 17 October 2017, counseling entry for an unduly familiar relationship with your enlisted Marines at your place of residence, your tolerance of the excessive use of alcohol resulting in the hospitalization of an NCO due to a physical assault against him, and overall lack of leadership.  You also received an adverse mark in judgement for developing an unduly familiar relationship with non­commissioned officers (NCO) and your involvement in an incident involving excessive alcohol, which led to an altercation between two NCOs.  The Board noted that a Command Investigation (CI) was conducted, in which the Investigating Officer (IO) opined that you did not properly plan the social event, when the social event became something akin to a party you did not terminate the event, there was a lack of leadership, and you did not report the incident to the chain of command.  Concerning your contention that the alterations to the fitness report were influenced and issued as retribution for your rebuttal comments.  The Board found no evidence that the report was issued as retribution for your rebuttal comments and you provided none.  The Board determined that pursuant to the Marine Corps Performance Evaluation System Manual, MCO 1610.7, does not prohibit modifications to a fitness report during the draft process.  Moreover, both the Reviewing Officer and Third Officer Sighter (3OS) refute your accusations that the 3OS reviewed the report and returned it to the reporting officials for revision.
 
Concerning your contention that the 17 October 2017 counseling erroneously states your involvement in an alcohol related incident, and the allegations are unfounded and do not meet the criteria described in theMarine Corps Manual.  The Marine Corps Manual states, “ Prejudice to good order and discipline or discredit to the Marine Corps may result from any circumstance which calls into question a senior’s objectivity, results in actual or apparent preferential treatment, undermines the authority of the senior, or compromises the chain of command.  The Board determined that the basis of the counseling entry was supported by the CI and met the criteria of the Marine Corps Manual.  Further, the Board determined that the counseling entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided written notification concerning your deficiencies/impairments, afforded you the opportunity to submit a rebuttal, which you elected not to submit, and your Commanding Officer (CO) signed the entry.  Moreover, the entry creates a permanent record of a matter your CO deemed significant enough to document, and as your CO, he was well within his authority to issue the counseling entry.  The Board thus concluded there is 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 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,