Docket No: 3987-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to the provisions of 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 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 23 April 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.  The Board also considered the Headquarters, Marine Corps (MMRP-13/PERB) advisory opinion (AO) dated 2 May 2018, a copy of which was previously provided to you for comment. 
 
The Board carefully considered your desire to remove your fitness report for the reporting period 1 March 2014 to 31 May 2014.  The Board considered your contention that the Reporting Senior (RS) states in Section I that you are in the top 50% of Majors with whom he has served, yet this report places you in the bottom third of the RS's reports.  You assert that the Relative value and Section l comments do not match. 
 
The Board noted that the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB) determined that the report is administratively and procedurally correct as written and filed, and recommended that the report remain in your record.  The Board substantially concurred with the AO.  Specifically, attribute markings should not be based on a preconceived or artificial fitness report average, and they are not given to attain a perceived fitness report average or relative value.  In addition, there is no requirement for the Section I comments to "match" the attribute markings, and it would be impossible to develop or incorporate such a metric. 
 
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 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, 
 
Executive Director