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

Docket No: 1518-19 
Ref: Signature Date 

Dear

This letter is in reference to your application of 11 June 2018 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 21 January 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.  The Board also considered the enclosed 2 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 2 January 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 1 January 2017 to 21 November 2017.  The Board considered your contentions that the reporting senior (RS), Section I comments are laudatory in nature, do not portray the correct word picture when compared to the reports relative value, and the RS marked the report below average, when the fitness report is commendatory.  You also contend that during the reporting period, while deployed, there was a personality conflict between you and the RS that was identified and addressed by the command on several occasions.  You assert that the attempts to mentor and counsel the RS is reflected in your fitness report.
 
The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct.  In this regard, there is no scale to match attribute marks with Section I comments or the reports relative value.  TheBoard noted that the report’s relative value is below the RS average, but not the lowest in his profile for Marines of your grade.  The Board also noted that Section I included the Directed Comment, “MRO was the subject of a Navy and Marine Corps Commendation Medal on 20170225,” thus the report is commendatory for an award issued by your previous command. 

Concerning your contention that the Section I comments are laudatory in nature and do not portray the correct word picture when compared to the reports relative value, the Board found the RS’s Section I comments positive; however they were not laudatory in a manner that would be misleading and in violation of the Marine Corps Performance Evaluation System Manual.  The Board further concurred with the AO and determined that a report is not considered unjust solely because the relative value is rated lower than other reports.  Moreover, a personality conflict between you and the reporting official does not automatically constitute ground for relief.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.
 
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,