Docket No: 2177-20
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 16 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 26 February 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you, and your rebuttal of 6 March 2020.  
 
The Board carefully considered your request to remove the adverse fitness report covering the period 1 July 2017 to 31 May 2018, during this report period you were relieved for cause.  You argue that the report is invalid as it violates Performance Evaluation System (PES) Manual guidance and is a result of reprisal by the reviewing officials for your mast request regarding toxic command climate.   
 
The Board concurred with the AO that there was insufficient evidence linking command climate and performance to the report, that per the PES manual formal counseling is not mandated, and that the command followed PES manual guidance in providing a factual basis for the performance-related relief.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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,