Docket No. 7532-19
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 15 October 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 30 July 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 1 April 2015 to 4 February 2016.  The Board considered all of your contentions regarding violations of Performance Evaluation System (PES) Manual guidance, such as your assertion that the report was used as a counseling tool, that your performance was not accurately documented, and that your reviewing officer did not perform his responsibilities as the RO.  The Board also considered the various examples you provided asserting that the report was written with bias due to the convalescent leave you needed for recovery from surgery, especially when considering your reporting senior’s (RS’s) laudatory Section I comments from the preceding fitness report, a letter of recommendation from your battalion commander, and your end of tour award.        
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that you failed to provide any evidence that your performance or conduct warranted higher marks than you received for your fitness report.  The Board also noted that each separate and unique fitness report covers a discrete period of performance and comparison to your other evaluations does not invalidate this report.  Additionally, there is no evidence to support your contention that you were downgraded due to your surgery and subsequent convalescent leave. Lastly, the Board determined that your RS was not obligated to counsel you that his fitness report would deviate from a non-binding letter of recommendation.  The Board thus concluded that this report is deemed valid as written. 
 
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 attachés 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,