DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3455-19 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 17 March 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 5 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 5 March 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 adverse fitness report for the reporting period 29 June 2013 to 3 March 2014. The Board considered your contention that Section I of the fitness report states that you received an Administrative Remarks (page 11) 6105 counseling entry, although there is no record of the Page 11 entry in your official military personnel file (OMPF). The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, the Board noted that the Page 11 entry was not the sole basis for the adversity of the report, which was marked adverse for leadership and setting the example because you mishandled classified material and were corrected by your junior Marines. The Board also noted your addendum page rebuttal, in which you accepted full responsibility for the actions addressed in the Page 11 entry. Further, the Board noted that the Third Officer Sighter (TOS) adjudicated the factual and accurate nature of the report. The TOS noted that your reviewing officer accurately cited a preliminary investigation that found you at fault for violating fundamental security practices, and that the 6105 entry counseling you for statements and inappropriate gestures was a matter of record. The Board determined that the Page 11 entry was not the only basis for the adverse nature of the report. Moreover, the Board noted that the Page 11 entry was noted by your reporting officials and acknowledged by you in the fitness report. The Board also determined that the absence of the entry in your OMPF does not invalidate your fitness 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, 4/10/2020