Docket No. 2729-20
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 case on its merits.  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 17 March 2020; a copy of which was previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Marine Corps in 1996.  You received a fitness report ending on 28 June 2003 that assigned you a block “5” comparative assessment by the Reviewing Officer (RO).  In a fitness report ending on 31 May 2004, you received a block “4” comparative assessment from the same RO.   
 
The Board carefully considered your arguments that the comparative assessment in the report ending 
31 May 2004 must be changed to block “5” since there was no negative drop in your performance and MCO 1610.7A provides guidance that Marines rated in back to back reporting periods with a constant performance should receive at least the same marks as the prior report.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case.  Specifically, the Board determined that your fitness report ending 31 May 2004 is administratively correct and should remain unchanged.  As explained by the Performance Evaluation Review Board report of 19 February 2020, there was no error in the fitness report since the language you quote from MCO 1610.7A does not appear in the Marine Corps Order in effect at the time of your report.  Further, the Board noted that there existed significant differences between the two reporting periods that potentially influenced the RO’s decision to assign you a lower comparative assessment.  These differences include a change in your assigned duties and a different Reporting Senior.  In the Board’s opinion, these differences are sufficient to support a finding that comparative performance could have changed from the previous report.  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,