Docket No: 7536-19
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 13 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 30 July2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and your rebuttal.  
 
The Board carefully considered your request to remove your adverse fitness report, issued for improper use of a government credit card, for the reporting period 1 July 2002 to 31 May 2003.  You argued that the adverse fitness report is unjust because you did not misuse the credit card, there were other means to address the issue, and there were errors in how the report was written.  
 
The Board noted that you took full responsibility for your actions in your statement included in the report.  The Board further noted that a Major General of Marines deemed your repeated transgressions related to the government charge card egregious enough to warrant an adverse fitness report.  The Board agreed with the AO that the administrative errors do not invalidate the report and concluded that the report shall remain in your Official Military Personnel File (OMPF).   
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,