Docket No: 9635-19
Ref: Signature Date

 
Dear  : 
 
This letter 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 30 November 2020.  The names and votes of the panel members 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 10 October 2019 advisory opinions (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 fitness report for the reporting period 13 July 2018 to 9 January 2019.  The Board considered your contention that receipt of an Administrative Remarks (Page 11) 6105 counseling, and subsequent adverse fitness report, constituted double jeopardy because your command’s initial intent to conduct office hours did not manifest or materialize.  
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  In this regard, the Board noted that you likely conflate your command’s decision not to proceed with court-martial as a semblance of vindication and exoneration, when in fact, your command decided not to pursue court-martial and determined  that a Page 11 6105 counseling was more appropriate.  Your command then adequately processed the Page 11 6105 and properly referenced the 6105 as a predicator for adversity on the fitness report.  Even absent the 6105, the ‘A’ attribute marking for ‘Judgment’ was warranted and sufficient enough to make the report adverse. 

You are entitled to have the Board reconsider its decision upon the 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,