DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1860-19 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 25 February 2020. 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 30 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 30 January 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 17 May 2017 to 31 October 2017. The Board considered your contentions that the contested report evolved through various iterations, your reporting senior (RS) originally marked Section G, Item 3 (Judgment) “B,” and the report erroneously reflects your performance as evidenced by the fitness reports changing nature. You also contend that the report was issued as retribution for your rebuttal comments, and that the allegations of fraternization and unduly personal relationships are unfounded and do not meet the criteria described in the Marine Corps Manual or OPNAVINST 5370.2D, the Navy Fraternization Policy. You claim that you did not tolerate excessive alcohol use or belligerent behavior, and that the assault of a non-commissioned officer (NCO) by another NCO was an unfortunate yet isolated incident that mischaracterized the nature of the gathering. The Board, however, substantially concurred with AO that the contested report is administratively and procedurally correct as written and filed. In this regard, the Board noted that the report was marked adverse due to your receipt of derogatory material—specifically, your 17 October 2017 counseling entry for an unduly familiar relationship with your enlisted Marines at your place of residence, your tolerance of excessive alcohol use resulting in the hospitalization of an NCO due to a physical assault against him, and overall lack of leadership. The Board noted that you also received an adverse attribute mark in judgment. Concerning your contention that the fitness report is not reflective of your performance and was altered as retribution for your rebuttal comments, the Board found no evidence that the report is not an accurate assessment of your performance during the contested reporting period or that the report was issued as retribution, and you provided none. The Board determined that Marine Corps Order (MCO) 1610.7, the Marine Corps Performance Evaluation System (PES) Manual, does not prohibit modifications to a fitness report during the draft process. Concerning your contention that the allegations of fraternization and unduly familiar relationships are unfounded, the Board determined that the reporting officials sufficiently justified the adverse mark for judgment, and the Third Officer Sighter (TOS) fully adjudicated any factual differences and confirmed the validity of the adverse nature of the report. The Board thus concluded that there is no 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 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, 4/2/2020