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

Docket No: 8162-18 
Ref: Signature date 

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 15 October 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 26 September 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 26 September 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 remove your fitness report for the reporting period 29 November 2016 to 28 June 2017.  The Board considered your contentions that the reviewing officer (RO) for the report was not in your reporting chain or in the reporting senior’s (RS) chain of command during the reporting period and that the RS made comments that are adverse. 

As part of the review process, the PERB reviewed your request and provided the AO to the Board. The Board substantially concurred with the AO that the contested report is procedurally correct, but contains correctable administrative errors.  In this regard, the Board noted that Headquarters, Marine Corps (HQMC) corrected your report by removing Section K entirely and removed the Section I comments “Assigned out of MOS for the previous six months,” “…and her acceptance of PCS orders to a MWSS”, “Leadership and managerial skills are adequate but a 2nd Class PFT and body composition that boarders the standard have the potential to detract from credibility.” The Board determined that the HQMC corrections to the contested fitness report sufficiently addressed your contentions and, as such, found no basis to justify removing the contested report as corrected.  

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,

 
11/4/2019