Docket No: 1615-20
Ref: Signature Date

 
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 11 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 10 February 2020 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 reports for the reporting periods 1 July 2017 to 31 July 2018 and 20 September 2018 to 1 July 2019.  The Board considered your contentions that you were not counseled prior to submission of the reports, that there are numerous administrative errors, that Section I comments conflict with your billet and duty assignment, and that there was no adherence to Battalion policy.  You also assert that your reporting senior (RS) marked you at the bottom of his profile and that he refused to correct it.  You argue that the reports reflect your RS’s subjective bias and that they do not accurately reflect any of your professional responsibilities and accomplishments. 
 
The Board noted that the PERB corrected the contested fitness report ending 1 July 2019 by removing the following verbiage from Section I: “Directed Comment, Sect A, Item 8h: [You are] best qualified to fill the rank and billet of First Sergeant.” 
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the reports are valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual guidance.  In this regard, the Board noted that counseling prior to submission of a fitness report is not specifically mandated in the PES Manual.  Additionally, the reporting chain is not required to specifically comment on every additional duty an individual may hold or to mention or reiterate the Section C Billet Accomplishments in Section I commentary.  The Board also noted that receipt of the Marine Corps Good Conduct Medal is not considered commendatory for fitness report purposes.   
 
Next, the Board determined that you failed to provide any evidence that your attribute markings were unwarranted, or that your RS maliciously conspired to place you at the bottom of his profile.  Lastly, the Board determined that you failed to provide any evidence that your performance and conduct warranted higher grades than you received on your fitness reports.  The Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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,