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.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 23 February 2021.  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.  The Board also considered the 9 December 2019 advisory opinion (AO) furnished by the 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 the fitness report covering the period 1 May 2015 to 31 October 2015.  The report is adverse; Section G.3 ‘Judgment’ was marked ‘A’ with justification that extended to an Addendum Page that noted you were counseled by the Battalion Commander and relieved of your duties as the Assistant Battalion Logistics Officer due to over-consumption of alcohol in the presence of junior Marines, engaging in an overly familiar relationship with a subordinate staff non-commissioned officer, and unlawfully entering the barracks rooms of non-commissioned officers late at night.  You argue that the report violates the Performance Evaluation System (PES) Manual as there are no grounds for the adversity of the report and is unjust as it states inaccurate information regarding your performance. 
 
The Board concurred with the AO that the report is in compliance with the Performance Evaluation System (PES) Manual.  The report documents in Sections I and K shortcomings in your performance which renders the report adverse and the reporting senior correctly provided the factual basis for the ‘A’ assessment in the justification block of Section G.3, and explained you were relieved for cause in the corresponding Addendum Page.  In addition, the Board noted that you essentially admitted to poor judgment in your rebuttal statement.  The Board found that there was insufficient evidence to show material error or injustice warranting removal of the contested report.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 

You are entitled to have the Board reconsider its decision upon 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,