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.    
 
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 case on its merits.  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 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.  In addition, the Board considered the advisory opinion contained in HQMC letter 1610 MMRP-13/PERB of 26 February 2020; a copy of which was previously provided to you by the Marine Corps. 
 
A review of your record shows that you entered service with the Marine Corps in July 2008.  On 27 May 2013, you received your last 2nd Lieutenant fitness report with an average of 3.77.  On 31 October 2013, you received your first 1st Lieutenant fitness report with an average of 3.64.  This report was extended on 5 January 2014.  On 19 September 2019, the Reporting Senior (RS) on those fitness reports provided a statement that he never intended to assign a below average performance or decrease in performance during that period.  On 4 December 2019, the Performance Evaluation Review Board (PERB) concluded that your request to have your first two 1st Lieutenant fitness reports removed should be denied.  The advisory opinion in your case concurred with the PERB report. 
 
The Board carefully considered your arguments for removing the fitness reports covering 28 May 2013-31 Oct 2013 and 1 Nov 2013-5 Jan 2014.  You rely on your RS’s assertion that he did not intend to convey that your performance was declining during those two reporting periods.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the PERB report in your case.  Specifically, the Board determined the 28 May 2013-31 Oct 2013 does not show a declining performance from your previous fitness report since you were in a higher paygrade as a 1st Lieutenant.  The Board concluded there were multiple reasons why fitness report averages may decline after a promotion to a higher grade including competition with more senior peers and a higher expectation of performance.  Accordingly, the Board agreed with the PERB that the reports were not adverse and administratively correct as written.  The Board noted, as did the PERB, that two separate Reviewing Officers concurred with the reports as written.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,