Docket No: 9659-19
Ref: Signature Date

 
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. 
 
The Board determined that your personal appearance, with or without counsel, would 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. 
 
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 22 December 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, and applicable statutes, regulations, and policies.  The Board also considered the 10 October 2019 advisory opinion (AO) furnished by the Headquarters 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 adverse fitness report for the reporting period 1 April 2011 to 27 April 2012, and to convene a Calendar Year (CY) 2012 Staff Sergeant Enlisted Remedial Selection Board (ERSB).  The Board considered your contention that your ex-wife was calling your command and giving false information about you and also coming on base committing fraud by writing worthless checks.  You assert that you informed your command regarding your ex-wife, but your command still made you pay the expenses she incurred, which made your finances very limited. 

The Board, however, substantially concurred with the AO and the PERB’s finding that the fitness report is valid as written and filed in accordance with the applicable Performance Evaluation System Manual.  Additionally, the Board determined that based on the lack of substantiated errors in the fitness report, a FY 2012 ERSB is also not warranted. 
 
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,