Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 24 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.  The Board also considered the 30 September 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 your Administrative Remarks (Page 11) counseling entry of 3 March 2018, adverse fitness report for the reporting period 1 October 2017 to 1 May 2018, and any other derogatory information that resulted from the adverse fitness report and Page 11 from your official military personnel file (OMPF).  The Board considered your contention that the allegations you violated the Uniform Code of Military Justice (UCMJ) were unsupported by the evidence and that the Command Investigation (CI) was erroneous, resulting in an inaccurate report of misconduct with misleading statements of fact.  You argue that since the report of misconduct is false, by extension the Page 11 and adverse fitness report are erroneous and unjust as well. 
 
The Board noted that your argument centers on the fact that you did not participate in an act of hazing.  However, the CI did not find that you personally committed an act of hazing; instead, it documented that hazing incidents at the Detachment occurred a number of times under your leadership.  The Board further noted that the Commanding General (CG) endorsed the CI; and your Commanding Officer recommended to the CG that you be relieved of your duties, receive an official counseling, and receive an adverse fitness report instead of non-judicial punishment or court-martial.  The Board determined that the Page 11 is valid as written, concurred with the PERB that the contested report is administratively correct, and concluded that the report and Page 11 shall remain in your 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,