Docket No: 2766-20
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 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.  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 the fitness reports covering the periods 1 January 2015 to 31 December 2015 and 1 January 2016 to 4 July 2016.  You argue that the reports are unjust as your reporting senior (RS) was biased against you and marked you unfairly low as punishment for a Class A mishap that resulted in the death of a Marine.  In addition, you contend that the reports are invalid as the RS violated the Performance Evaluation System (PES) Manual when determining his marks, and did not provide counseling during the reporting periods.   
 
The Board concurred with the AO that the contested fitness reports followed the PES Manual guidelines and there was insufficient evidence to show the RS marks were unjust or biased.  The Board determined that the fitness reports are administratively correct and shall remain in your official military personnel file as written. 
 
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,