Docket No: 10972-18 
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 19 November 2019.  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 enclosed 20 November 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 20 November 2018, 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 modify your fitness report for the reporting period 1 November 2016 to 30 April 2017 by changing your reviewing officer’s (RO) comparative assessment mark from block four to block five.  The Board considered your contention that the contested comparative assessment mark is not consistent with your RO’s comments, which indicate that your performance was that of a “top third Marine.” 
 
The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct.  In this regard, the Board found no evidence of documentation from your RO in support of your request or evidence of your attempt to contact your RO, and you provided none.  Further, the perceived competitiveness of a report’s comparative assessment mark is not a basis for modifying the report.  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,