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

Docket No: 4148-19 
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 21 April 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 enclosed 28 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 28 March 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 reporting senior’s (RS’s) relative value from your fitness report for the reporting period 31 May 2014 to 31 December 2014. The Board considered your contention that your RS did not properly score your fitness report and did not know that your relative value for your contested report was his 80.00.  You assert that your RS submitted a Navy and Marine Corps Commendation Medal (NC) for you, yet scored you lowest in his profile, and you did not receive a copy of your fitness report from your RS. 

The Board, however, substantially concurred with the PERB that your fitness report is valid and should be retained as filed.  In this regard, the Board found no evidence that your performance during the reporting period warranted higher marks and you provided none.  Moreover, without evidence from your RS, the Board could not determine that your relative value was in error.  The Board determined that your RS’s lack of knowledge regarding your relative value, does not invalidate the report.  The Board also determined that receipt of your NC does not infer your report will be superlative, and there is no scale to match commendatory material with evaluation metrics.  Further, the perceived competitiveness of a report’s relative value is not justification to remove your report.  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,