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

Docket No: 4884-19 
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 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 30 June 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 23 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove your fitness report for the reporting period 22 July 2017 to 21 November 2017.  The Board considered your contentions that you received negative markings from your reporting senior (RS) but unjustly did not receive initial counseling from your RS prior to this report.  You contend that you attempted to arrange an initial counseling with your RS and your RS unjustly failed to respond.  The Board also considered your contention that you never received any negative counseling from your RS or reviewing officer (RO) during the reporting period which would have validated the below average report. 

The Board noted that your RS admitted to neglecting the formal initial counseling, which is a violation of the Performance Evaluation System (PES) Manual.  The Board, however, concurred with the AO that this failure does not invalidate the report.  The Board considered the fact that the billet description had not changed; you had performed the same billet duties for a year and received three previous fitness reports for the same duty.  Consequently, the Board concluded you understood your duties and an initial counseling would not have substantially altered your understanding of the billet and its expectations.  Additionally, the Board noted that the PES Manual encourages, but does not require, reporting officials to counsel for submission of a fitness report. The Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 

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 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,