Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 7 January 2021.  The names and votes of the panel members 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 the 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 7 November 2019 advisory opinion (AO) furnished by the Headquarters 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 adverse fitness report for the reporting period 1 June 2017 to 25 April 2018.  The Board considered your contentions your reviewing officer’s (RO’s) comments are subjective and they are not supported by substantiating evidence.  You also contend that you were not informed that you were under investigation and that the adverse nature of this fitness report is a misrepresentation of your performance and character as a Marine Officer.  You also assert that that the report may negatively impact my consideration for a Reserve commission upon separating from the active component.   
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System Manual.  The Board specifically noted that, contrary to your arguments, the command deemed your transgression to constitute poor judgment and deceptive conduct, lost trust and confidence in you, and transferred you away from direct supervision of recruit training.  Your command concluded that not only did you fail to report an alleged incident of improper contact with a recruit, but also determined that you were less than truthful when confronted with the evidence, and in fact made a false official statement. 
 
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,