Docket No: 2210-20
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 26 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 report for the reporting period 12 April 2019 to 8 July 2019.  The Board considered your contentions that you were not counseled in a timely manner, and that your reporting chain erroneously omitted a potential reporting occasion, and because of the omission, the reporting chain did not properly account for your contributions in support of the Battalion's operation in the Baltic region.  You also assert that the report will hinder your opportunity for career designation and promotion. 
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  In this regard, the Board noted that per the Performance Evaluation System Manual, formal counsel is not required.  The Board also noted that the Section C bullets and Section I comments specifically reference your contributions to the Baltic mission.  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,