Docket No. 8143-19
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 15 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 15 August 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 or modify your fitness report for the reporting period 1 November 2013 to 9 April 2014.  The Board considered your contention that your reviewing officer’s (RO’s) Section K comments, his 28 February 2019 letter to the promotion board, the 26 March 2019 witness statement, and your official military personnel file demonstrate that the hastily executed investigation and subsequent report have inaccuracies, exterior agency biases, and unjust calls for action that led to the contested adverse fitness report. 
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted that your petition omits any direct evidence related to the investigation, and that the investigation is not even referenced as a causal factor for the report’s adversity, and is only mentioned peripherally in the RO’s comments for perspective.  Your petition also omits any reference to a second negligent discharge that occurred, or deficiencies noted in Section I regarding your failure to properly account for gear and noted professional relationship issues with your subordinates, both of which contributed to the adversity of the report.  
 
The Board also noted that, while your RO’s letter to the promotion board lends credence to your arguments, the letter itself does not specifically endorse any recommended or potential corrective action.  The Board determined that the letter adds clarity and insight for promotion board member consideration, and even opines that under different circumstances, the adversity could have been overlooked, but he never specifically claims the report is invalid.  
 
The Board determined that you were relieved of your duties as a platoon commander and transferred to another sphere.  The relief was properly documented in the adverse report.  The Board thus concluded that this report is deemed valid as written. 
 
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 attachés 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,