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 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 6 October 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.  The Board also considered the 5 July 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.      
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 January 2018 to 12 March 2018 from your Official Military Personnel File (OMPF).  The Board considered your contention that the adverse fitness report is inaccurate and thus invalid as there were factual discrepancies in Section I and Section K of the report.  
 
The Board noted that the PERB modified the contested fitness report by replacing the phrase, “6 findings” with “7 findings” in Section I and by removing the following Section K (Reviewing Officer Comments): “To clarify, the non-mission capable assessment was triggered by a critical finding that MRO had no record of a 100% unit monthly urinalysis during the previous reporting period, when MRO was in charge of the program.”  The Board determined that, with these corrections, removal of the report is not warrant.  In this regard, the Board noted that the adverse nature of the report remains as you were relieved from your duties as a Substance Abuse Control Officer during the reporting period due to the program being found non-mission capable in an inspection.  The Board also noted that you were afforded an opportunity to comment on the adverse report and took full responsibility for the program failing in your rebuttal statement.  The Board concurred with the PERB that the contested report, as modified is administratively correct and concluded that the modified report shall remain in your OMPF. 
 
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,