DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4462-19 Ref: Signature Date Dear , 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 12 May 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 10 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 10 April 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 1 January 2018 to 6 July 2018. The Board considered your contention that the fitness report is based upon your 22 June 2018 Administrative Remarks (Page 11) 6105 counseling entry. You argue that the entry noted four separate negative counseling incidents that, in retrospect, you should have submitted rebuttals on or requested mast over. The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed. In this regard, the Board noted that pursuant to Marine Corps Order (MCO) P1900.16F, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a Page 11 6105 entry counseling you for failing to accomplish tasks assigned by the supply officer during redeployment, and the entry notified you of your relief for cause. The Board also noted that the Page 11 entry listed three previous counseling occasions that occurred on 15 January 2018, 13 March 2018, and 19 June 2018. The Board determined that the entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM). Specifically, the entry provided written notification of your deficiencies, informed you of available assistance, informed you of the consequences for failing to take corrective action, afforded you the opportunity to submit a rebuttal, and your commanding officer (CO) signed the entry. The Board noted, too, that you acknowledged the entry and chose not to submit a rebuttal statement. The Board also determined that your election not to submit a rebuttal demonstrates your understanding of the basis for the counseling entry. Concerning your contentions regarding the listed counseling occasions as they relate to your contested fitness report, the Board noted your contentions and determined that they lack merit. The Board found no evidence that the content of the Page 11 entry is invalid or that your Page 11 entry was unwarranted, and you provided none. The Board also noted that your fitness report was marked adverse due to derogatory material, and you received an adverse mark for “Performance” with the required justification. The Board determined that your reporting official’s assessment of your performance during the reporting period was valid and appropriately documented. 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 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,