Docket No: 5988-19 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 7 July 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 21 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 21 May 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 April 2001 to 31 March 2002.  The Board considered your contention that you received a page 11 counseling entry and adverse fitness report for the same incident.  You claim that this is double punishment.  You also contend that you were cited for driving while impaired (DWI) and issued a 6105 counseling on 1 June 2001, but did not receive your adverse fitness report until 10 months later (March 2002). 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  The Board noted that pursuant to Marine Corps Order (MCO) P1900.16F, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 entry counseling you for DWI with a blood alcohol content over the legal limit, driving on an invalid license, and driving with revoked insurance and registration.  The Board also noted that the adverse nature of your fitness report was based upon your derogatory material for DWI, that you freely admitted to.  The Board noted, too, that MCO 1610.7E, the Marine Corps Performance Evaluation System (PES) Manual does not preclude the use of 6105 entries as a basis for adversity, in fact, the reporting senior (RS) is permitted “to determine if, in their judgment, the entry is sufficiently derogatory in nature to render the fitness report adverse.”   The Board determined that your RS appropriately rendered your contested fitness report adverse and your misconduct was appropriately documented at the end of the reporting period.  The Board also determined that a 6105 page 11 entry is not considered “punishment” under the Uniform Code of Military Justice (UCMJ).  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,