Docket No: 2700-20
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 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 4 March 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 2 July 2018 to 21 December 2018.  The Board considered your contentions that this report is unjust because it generated a lower cumulative relative value than the three preceding reports written by the same reporting senior (RS).  You assert that, during the reporting period, you received a Joint Commendation Medal, and that the low markings indicate that the report was personality driven, and not based on your performance and conduct. 
 
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 (PES) Manual guidance.  In this regard, the Board noted that your RS met the requirements for annotation of personal award/Commendatory Material, and that the award does not imply or infer any specific fitness report grading metric, since the PES Manual does not include award metric.  Next, the Board noted that each report in based off of a unique and discrete period of performance, and that your comparison of the contested report with your previous reports as a sergeant is essentially immaterial. Lastly, the Board noted that you failed to provide any evidence, beyond your statement, that your performance and conduct warranted higher grades than you received on your 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,