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

Docket No: 9606-18 
Ref: Signature date 

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 17 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, as well as applicable statutes, regulations, and policies.  The Board also considered the previously provided 6 November 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 6 November 2018, and you were afforded 30 days in which to provide a response.  When you did not respond, your case was submitted to the Board for adjudication. 

The Board carefully considered your request to remove your fitness report for the reporting period 28 September 2017 to 17 October 2017.  The Board considered your contention that the third officer sighter (3OS) wrongfully added unsubstantiated and derogatory information in the report.  Specifically, you claim your 3OS included the rank and gender of the Marine whose room you were in, and your means for entering the barracks.  You also assert that you were not found guilty of fraternization and that you were not “performing any act” with the Marine. 

As part of the review process, the PERB reviewed your request for correction and provided an AO to the Board.  The AO concluded that the contested report is administratively and procedurally correct as written and filed.  The Board substantially concurred with the AO that there is no provision within the Performance Evaluation System that constrains a reporting official to limit any and all adverse report reference to the exact stipulations and contents contained in the NAVMC 10132 [unit punishment book].  The Board also concurred with the AO’s finding that the 3OS’s comment does not introduce new adverse material, but rather adds his own factual insight into the charges you pled guilty to.  Lastly, the Board noted that there is no mention of “fraternization” in the report.  Accordingly, the Board concluded that there is no probable material error or injustice warranting removal of the contested fitness report. 

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, 


3/2/2020