Docket No. 2732-20
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 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 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 carefully considered your request to remove your remove your 1 January 2017 to 18 July 2017 and 19 July 2017 to 31 December 2017 Fitness Reports.  The Board considered your contention that your Reviewing Officer’s comments indicate an average performance stating “on par with peers” but he gave you the lowest marking for his comparative assessment. 
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the reports are valid as written and filed in accordance with the applicable Performance Evaluation System (PES) Manual.  Specifically, the Board noted that there is no PES Manual scale to “match” RO comments and comparative assessment markings, nor is any such scale feasible.  Additionally, the fact that your RO marked you in the ‘3’ block based on the assessment of your future potential, and collaterally assessed that your potential “is on par with peers” does not constitute a violation of the PES Manual, nor does it invalidate the respective fitness reports. 
 
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,