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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 30 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 17 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 carefully considered your request to modify your 1 February 2006 to 31 May 2006 Fitness Report and to remove all failures of selection to colonel.  The Board considered your contentions that your Reviewing Officer inadvertently placed the comparative assessment mark in the “6” block, and that this mistake made you less competitive for selection to colonel on the Fiscal Year (FY) 2021 USMC Colonel Promotion Selection Board. 
 
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.  Specifically, the Board determined that you failed to provide any evidence, beyond your statement, that the comparative assessment mark is in error or unjust, and your RO’s endorsement omitted any information that would lend any credence to your argument.  Moreover, the Board determined that your opinion that the report contributed to your non-selection to colonel is a matter of conjecture.  

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, 
 
4/20/2021
Executive Director