Docket No: 8791-19 
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 17 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 23 June 2017 to 27 September 2017.  The Board considered your contention that your fitness report was rendered adverse because you were relieved for cause, but you did not receive a 6105 counseling entry as required by the Marine Corps Performance Evaluation System (PES) Manual.  You also contend that your reporting senior (RS) did not formally counsel you to give you an opportunity to correct your performance, your section I statements are not factual, and your RS’s statement “MRO is a good leader” contradicts the statement, “. . . inability to properly supervise enlisted Marines.”  You argue that the perceptions of your reviewing officer (RO) are based on personal feelings, his comments are vague, and your comparative assessment mark is not consistent with his concurrence of your RS’s evaluation.  As evidence, you furnished a character statement and correspondence from your Commanding General (CG) to the Fiscal Year (FY) 2019 Gunnery Sergeant Selection Board.   
 
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 your contested fitness report was marked adverse for “Performance”, specifically, you were relieved for cause for failing to properly supervise Marines, which resulted in the mishandling of ammunition, and improper storage of live and blank ammunition.  The Board also noted your RS section I addendum page comments, in which, he noted that you were counseled on two separate occasions.  The Board determined that the PES Manual does not require the issuance of a 6105 counseling entry to process an adverse report.  The Board also determined that your reporting official’s comments were appropriate and your fitness report was processed according to PES Manual policy.  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,