Docket No: 6828-19 
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 15 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 AO was provided to you on 27 June 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 15 June 2016 to 10 November 2016.  The Board considered your contentions that although you were never the subject of derogatory material and there is no 6105 counseling in your record, section A, item 6.b (Derogatory Material) of your fitness report was marked and your reporting senior (RS) noted that “MRO received a 6105 on 14 Oct.”  You also contend that the start date of your fitness report overlaps a previous reporting period, your RS commented that you were relieved of your duties as Platoon Sergeant, though you were not appointed to the billet in writing or verbally counseled on the appointment, and your report was submitted 101 days after the reporting occasion ended.   You claim that the errors demonstrate a pattern of inattentiveness when coupled with the other discrepancies.   
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified.  In this regard, the Board noted that the PERB approved corrections to your fitness report by removing your Derogatory Material mark, removing your section I statement “MRO received a 6105 on 14 Oct from the H&S Company Commander for failing to provide the OIC with accurate and timely reports concerning personnel and disrespect of a SNCO” and removing your reviewing officer (RO) section K.4 statement “and a 6105.”  The Board also noted that sections F.4 (Ensuring Well-Bing of Subordinates) and F.5 (Communication Skills) of your contested fitness report were marked “A” (Adverse) for failing to report a vehicle accident of a junior Marine, for instructing your Marines not to report the incident, and being disrespectful toward a staff non-commissioned officer.  The Board determined that even without the receipt of derogatory material, your fitness report is adverse due to your two adverse marks and your RS’s justification.  The Board noted, too, that you acknowledged the adverse nature of your report and elected not to submit a statement.  The Board determined that your decision not to submit a statement indicates that you understood the basis for your adverse report.   
 
Concerning your billet assignment, report start date and timeliness of your fitness report, the Board found no evidence that you were not aware of your billet assignment and you provided none.  The Board also determined that the overlapping start date is an administrative error that is less than 30 days, and does not require administrative correction.  Lastly, the late submission of an adverse report is not unusual and is not sufficient justification to invalidate your fitness report.  The Board thus concluded that there is no probable material error or injustice warranting further 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,