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

Docket No: 6957-18                                                           
Ref: Signature Date 

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 17 September 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 enclosed 19 July 2018 advisory opinion (AO) furnished by the 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 modify three fitness reports by removing Section K—the Reviewing Officer (RO) comments and comparative assessment—from each, or, alternatively, to remove the reports from your official military personnel file.  The Board also considered your request to remove all your failures of selection for promotion.  The Board considered your contentions that the reports were incorrectly graded by your RO, and that your RO admitted that he made an error on the grade of each report.
  
The Board noted that, as evidenced by the e-mail from your RO to you, your RO determined that there is no disparity between the word picture and the markings.  The Board also noted that your RO did not endorse your request for the Board to modify or remove any of the contested reports.  The Board thus concurred with the AO that the contested reports are administratively and procedurally correct as written and filed, and concluded that they do not constitute probable material error or injustice warranting corrective action.  The Board further determined that, without removal or modification of the contested reports, removal of your failures of selection is not warranted. 

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, 


10/22/2019