Docket No. 2708-20
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 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 and applicable statutes, regulations and policies.  The Board also considered the 4 March 2020 advisory opinions (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 your 1 April 2017 to 12 January 2018 Fitness Report.  The Board considered your contentions that your Reporting Senior did not justify the “B” attribute marks, the Section I comments do not match grades given, and you were never counselled on the report.  You also contend that your Reviewing Officer (RO) was not co-located with you, and that he forwarded the report for inclusion in your record without your knowledge.   
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  The Board specifically noted that there is no Performance Evaluation System (PES) Manual requirement to “justify” a “ B” marking, nor is there a scale to “match” comments with markings.  Additionally, formal counsel is not required in conjunction with fitness report processing, and there is no established minimum observation period for an RO.  
 
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,