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

Docket No: 10733-19 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 December 2020.  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 7 November 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 7 November 2019, 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 27 May 2015 to 9 October 2015.  The Board considered your contentions that your reporting senior (RS) and reviewing officer (RO) comments contrast one another, and your RO’s comments are adverse, specifically, the statement, “MRO had challenges during this reporting period as the platoon commander for EFSS requiring a change of leadership.” You claim that a change in leadership did occur, however, you were not advised that the change was performance related. 
  
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified.  In this regard, the Board noted that the PERB approved corrections to your record by removing the RO statements, “MRO had challenges during this reporting period as the platoon commander for  requiring a change of leadership.  With additional OJT MRO will mature enough to take on positions of increased tactical and technical skill” and “MRO’s potential is bounded by his drive and will to continue his development in a new position of leadership.”  The Board found no evidence that your RO did not concur with your RS’s evaluation of your performance or that he intend for your fitness report to be adverse and you provided none. The Board determined that the PERB’s correction to your record sufficiently addressed your RO’s error and thus concluded that there is no probable material error or injustice warranting further corrective action. 

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,