DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 7631-20 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 19 August 2021. 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 14 October 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 16 July 2020 Advisory Opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30). The PERB Decision and the AO were provided to you on 15 October 2020, and you were given 30 days in which to submit a response. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

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. 

The Board carefully considered your request to remove your 1 January 2016 to 1 April 2016 Fitness Report. The Board considered your contention that an 8 March 2016 Administrative Remarks (Page 11) 6105 counseling entry—issued to you during the reporting period, and documented in the report—was not inserted in your official military personnel file (OPMF) prior to submission of the contested fitness report, in violation of the applicable Performance Evaluation System (PES) Manual guidance. You argue that the contested report should be removed because the 6105 counseling, the basis for the adverse report, is not in your OMPF. 

The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed. In this regard, the Board determined that the omission of the 6105 counseling is considered an administrative oversight and of that the lack of inclusion in your OMPF does not invalidate the fitness report. 

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, 
8/30/2021