Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 9 March 2021.  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 Headquarters Marine Corps (MMPR-2) 4 January 2019 decision and the 5 July 2019 advisory opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were 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 fitness reports covering the periods 1 January 2014 to 31 December 2014 and 1 June 2017 to 1 December 2017 and to grant remedial consideration for promotion to gunnery sergeant.  You argue that the fitness reports did not evaluate your performance properly as you were given less than average reports which unjustly lead to you not being selected for promotion to gunnery sergeant. 
 
The Board concurred with the AO that there was insufficient evidence that the reports contained material error, substantive inaccuracy, or injustice warranting removal.  Consequently, the Board determined that the fitness reports are administratively correct and shall remain in your official military personnel file as written.  The Board further concurred with MMPR-2 that you were properly considered for promotion and no grounds exist for remedial consideration. 
 
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,