Docket No: 7016-19
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 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 29 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.  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 June 2016 to 28 February 2017 from your record.  The Board considered your contentions that the Commandant Directed (DC) fitness report is incorrect as per the Performance Evaluation System (PES) Manual a DC report should only be submitted when a Marine has been relieved for cause and has also received adjudicated disciplinary action.  You argue that there was no disciplinary action in your record; thus a DC report should not have been submitted.  The Board also considered your contention that you were wrongfully relieved from duty as you did not have an opportunity to correct your deficiencies after an alcohol-related incident; instead you received a Page 11 formal counseling and then you were immediately relived from duty.  

The Board agreed with the AO that there is evidence of disciplinary action in your record associated with your relief from duty.  In addition the Board noted that a Lieutenant General of Marines reviewed your Report of Misconduct, on behalf of the Commandant, and directed that adverse material be placed in your Official Military Personnel File (OMPF).  The Board also agreed with the AO that you have been given an opportunity to correct your deficiencies as you were retained in the service.  Consequently, the Board concurred with the PERB that the contested report is administratively correct and concluded that the 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,