Docket No: 7021-19 
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 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, as well as the 5 July 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 5 July 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 October 2016 to 30 June 2017.  You also request to remove your 10 September 2017 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement.  The Board considered your contention that your counseling entry and contested fitness report were issued after your reporting chain learned that you were being considered for promotion.  You also contend that your counseling entry and fitness report were submitted months after the end of the semi-annual Physical Fitness Test (PFT) period, which did not provide you with an opportunity to prepare for the promotion board or to ensure the adverse material was briefed properly.  You claim that your rebuttal statement was accepted and included in your record, however, the quality is illegible.   
 
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 item 8.b (PFT) of your fitness report was marked ‘Required Did Not Take’ (RDNT) and your section I comments noted that you did not take the PFT due to operational commitments.  The Board also noted that your fitness report was not marked adverse, your reporting officials did not mention your counseling entry in your report, and you were enthusiastically recommended for promotion.  Moreover, the Board found no evidence that your reporting chain conspired to negatively affect your opportunity for promotion and you provided none.  
 
Concerning your contested page 11 entry, the Board determined that your counseling entry was written and issued in accordance with the Marine Corps Individual Records Administration Manual.  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action and it afforded you the opportunity to submit a rebuttal.  Moreover, the entry was signed by your commanding officer, and he/she determined that your failure to take a PFT was a matter that was essential to record, as it was his/her right to do.   
 
Concerning your rebuttal statement, the Board determined that you have not exhausted all administrative remedies available under existing law and regulations.  You must submit a request to replace your rebuttal statement to Headquarter Marine Corps, Records and Performance Branch (MMRP).  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,