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

Docket No: 4998-18 

 Ref: Signature Date 

Dear 

This 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 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 
9 July 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, the enclosed 5 June 2018 advisory 
opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, a copy of 
which was sent to you, and applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove the statement “has a high potential” from 
Section I of your fitness report for the reporting period 1 October 2016 to 30 September 2017. 
You also request to remove the statement “is in the middle third of SNCO’s of the similar grade 
with whom I have served and” from Section K of the contested report. The Board considered 
your contentions that your reporting senior’s (RS) Section I comment was vague and 
ambiguously adverse, and that your reviewing officer’s (RO) Section K comment is contrary to 
the Performance Evaluation Systems (PES) Manual and does not reflect his comparative 
assessment of your performance. 

The Board substantially concurred with the AO that the fitness report is procedurally correct but 
contains a correctable administrative error. The Board noted the Section I comment and 
determined that the statement “has a high potential” is not adverse but complimentary and should 
remain. Concerning the RO’s Section K comment, however, the Board agreed with the AO that 
you were not marked in the middle one-third of your RO’s profile and concurred with the Marine 
Corps’ removal of the comment “is in the middle third of SNCO’s of the similar grade with 
whom I have served and.” The Board thus concluded that the contested report, as modified by 
the PERB, does not contain a probable material error or injustice, and that, therefore, corrective 
action is unwarranted. 

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.