Docket No: 6769-19
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 22 September 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 2 May 2019 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 the Reviewing Officer (RO) portion of your fitness report for the reporting period 24 May 2005 to 31 October 2005.  The Board considered your contention that you were not accurately compared against other Marines and that your performance was not adequately assessed.  You included in your petition a letter of support from the RO, a retired colonel, who requested that his comments and ranking be removed from the fitness report.  The Board also considered your contention that this fitness report contributed to your failure to select to lieutenant colonel on the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board. 

The Board concurred with the AO that there is no evidence that the RO comparative assessment marking was a factor in your non-selection, as the report covered a period of only five months, and thirteen years prior to the convening of the promotion board.  Furthermore, the Board agreed that the comments were not unjust or in error.  Consequently, 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, and determined that removal of your FY 2020 failure of selection to the grade of lieutenant colonel is not warranted. 
 
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,