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

Docket No: 9588-18 
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 17 December 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 6 November 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 6 November 2018, and you were given 30 days in which to provide a response.  When you provided no response, your case was forwarded to the Board for adjudication.
  
The Board carefully considered your request to modify your fitness reports for the reporting periods 1 June 2016 to 17 July 2016 and 5 November 2016 to 19 December 2016, and your contention that the reports are in error due to the lack of counselings or evaluations of performance during the reporting periods.  You contend that, during the reporting periods, you were not evaluated on mission accomplishment, individual character, leadership, intellect and wisdom, or even told where you stood in comparison to other sergeants being graded.
 
As part of the review process, the PERB reviewed your request and provided the AO to the Board.  The AO concluded that the contested reports are administratively and procedurally correct as written and filed.  The Board concurred with the AO.  Additionally, although your reporting senior is different on each report, both have been reviewed by the same reviewing officer (RO), and while the RS’s evaluation is not observed for varied and valid reasons, the period covered was sufficient for a meaningful RO assessment.  Lastly, the Performance Evaluation System encourages, but does not require, counseling as a subset of fitness report preparation and processing.  The Board thus concluded that there is no probable material error or injustice warranting modification of the contested reports. 

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,