Docket No. 2288-20
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  25 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 for comment. 
 
A review of your record shows that you entered the Marine Corps in Jun 2004.  You received a fitness reports ending August 2015 with a 3.23 average with a relative value of 81.43% and May 2018 with a 3.43 average with a relative value of 81.84%.  The August 2015 report was your first report as an O4.  On 31 December 2019, the Performance Evaluation Review Board (PERB) concluded that both reports should be retained in your record without any changes.   
 
The Board carefully considered your arguments that the Reporting Senior and Reviewing Officer marking from both fitness reports should be removed.  In the alternative, you state that the reports should be replaced with not observed reports.  You also request removal of failures of selection.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case. 
 
The Board considered your arguments that you were mislead into believing that your assigned marks for the two fitness reports would be comparatively good based on the laudatory comments.  Additionally, you argue that you failed to receive proper guidance from your Reporting Senior in the form of a billet description and counseling.  The Board did not find these arguments persuasive based on the preponderance of the evidence.  The Board agreed with the PERB analysis regarding these two fitness reports.  Specifically, the Board found both reports to be administratively correct with Reporting Senior comments that were laudatory.  The fact your assigned relative values did not meet your expectation based on the comments does not make these reports invalid since there is no scale to match comments with grades and relative values.  Additionally, the Board agreed with the PERB assessment that it was disingenuous for you to argue that your Reporting Senior in the May 2018 report intentionally misled you to believe you would be ranked higher since it was the first report in his profile.  Similarly, your August 2015 report explicitly states that you were being comparatively being ranked lower due to the seniority of your peers.  Finally, the Board did not find your arguments regarding lack of a billet description persuasive since there are many ways a Reporting Senior can provide guidance regarding duty responsibilities including verbal counseling.  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,