Docket No: 6776-19 
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 1 September 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 27 June 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).   
 
The Board carefully considered your request to remove your fitness report for the reporting period 21 April 2016 to 5 June 2017.  The Board considered your contentions that your reporting senior (RS) was not actually your RS during the reporting period and your fitness report should have been “not observed”.  You claim that your RS was the investigating officer for your relief for cause investigation, your report was extended for it to be observed, and the extension of your report was an irregular and questionable legal action.   
 
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 your fitness report was marked adverse for judgement because you were relieved for cause for offering an under aged female student a ride to her home in your government vehicle, a violation of Marine Corps Recruiting Depot/Eastern Recruiting Region Two-Person Integrity Policy Letter 012-12.  The Board also noted that you did not deny the basis for your adverse report.  The Board determined that your extended reporting period was the result of the formal investigation process.  The Board noted, too, that your Recruiting Station Commanding Officer (CO) reviewed your fitness report and found your fitness report to be valid.  The Board determined that your Recruiting Station CO was aware and approved the modification to your reporting chain.  The Board found no evidence that your reporting officials acted in an irregular or illegal manner and you provided none.  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,