Docket No: 8777-19 
 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 3 November 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 13 September 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 13 September 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 16 September 2017 to 25 January 2018.  The Board considered your contentions that the criteria and information used as the basis for your fitness report was not in accordance with the Marine Corps Performance Evaluation System (PES) Manual, your fitness report does not accurately reflect the disposition of your civil court case, and your reporting senior’s (RS) comments were baseless and without merit.  You also contend that your billet assignment during the reporting period was a canvassing recruiter instead of logistics assistant.  You argue that you were issued a 6105 counseling entry that was based upon a perceive infraction before your civil proceedings.  You claim that you were apprehended and charged with pandering, however, upon further investigation it was proved that you were in the wrong place at the wrong time, thus your charge of pandering was changed to disorderly conduct.  
 
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 you were issued a 6105 entry counseling you for being cited for soliciting a prostitute.  The Board also noted your rebuttal statement, in which, you acknowledged your lack of judgement and remorse for your actions and that you pled nolo contendere during your civil proceedings.  The Board determined that your plea bargain does not invalidate the underlying adversity of your fitness report.  The Board found no evidence that your RS’s comments were baseless or without merit and you provided none. Moreover, the Board determined that your fitness report accurately documented your misconduct and relief from duty as a canvassing recruiting.  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,