Docket No: 2290-20
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.  
 
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 application 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 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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove or alternatively, modify your fitness report for the reporting period 1 April 2019 to 8 July 2019.  The Board also considered your request to remove all failures of selection to major.  The Board considered your contention that you were “splitting” time between the  () and , and although you were not officially assigned to , nor did you receive an initial counseling from anybody at , your report was issued out of .  You also assert that this report generated the lowest cumulative relative value of all reports that you have received in your career.   
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System Manual.  In this regard, the Board noted that  certainly had the authority to sub-assign you to one of their subordinate battalions.  Additionally, as referenced in the Section C, it seems that you were immersed in .  The Board also noted that the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying the report.  Finally, the Board determined that you failed to provide any evidence, beyond your statement, you’re your performance and conduct warranted higher grades than you  received on this report. 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,