Docket No: 6029-19 
 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 28 July 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 3 June 2019 advisory opinions (AOs) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AOs were provided to you on 3 June 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 modify your fitness report for the reporting period 1 June 2008 to 27 December 2008 by changing your reviewing officer (RO) comparative assessment mark from block “5” to block “7.”  The Board considered your contention that due to an administrative oversight your RO marked your fitness report one grade lower than your comparative assessment mark in your previous fitness report evaluated by him.  You claim that your performance during the reporting period did not decline, but it actually increased.  As evidence, you provided a 13 February 2019 letter from your RO justifying the correction to your fitness report. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your contested fitness report has been in your record for more than eleven years, and since your report was processed, you have been promoted twice.  The Board also noted the letter from your RO, however, the Board determined that the timing of his request is unpersuasive.  Your RO was aware of your performance at the time of the report, and any substantive change long after processing has an unintended negative effect on other Marines in his profile.  The Board also determined that your fitness report is not in error, your fitness report has not negatively impacted your career progression, and you have not provided sufficient evidence of a substantive inaccuracy.  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,