Docket No: 2935-20
Docket No: 2936-20
Ref: Signature Date   

 

Dear   
 
This is in reference to your applications 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 applications, 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 applications have been denied.     
 
Although your applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your applications on their merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 2 April 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 applications, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  The Board also considered the 2 April 2020 advisory opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were 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 fitness reports for the reporting periods 2 December 2014 to 15 April 2015, 14 May 2016 to 2 January 2017, and 23 February 2017 to 31 May 2017.  With regard to your report ending 15 April 2015, the Board considered your contention the report was in error because of the inaccurate reporting by the reporting senior (RS).  Specifically, you contend he used unacceptable and negative comments referring to gender, medical issues, and your ability to supervise and lead and also never described the actual assessment of all you accomplished during the reporting period.  With regard to your report ending 2 January 2017, the Board considered your contentions the report does not accurately report or reflect all you accomplished and contained unacceptable comments and negative words.  With regard to your report ending 31 May 2017, the Board considered your contention the fitness report inaccurately reflects your accomplishments of assigned duties and responsibilities. 

The Board, however, substantially concurred with the AOs.  In this regard, on the report ending 15 April 2015, the Board determined the reporting chain limited its reference to gender as required by the Performance Evaluation System (PES) Manual and did imply that your contributions were limited to female students.  Further, the Board noted reporting officials are not required to repeat, or even expand upon, all Sections B and C entries.  Lastly, the Board determined you failed to provide any evidence that your RS inappropriately reported regarding your combat fitness test nor did you specify the negative words or phrases in the report for PERB adjudication.  The Board further substantially concurred with the AOs in its determination regarding the fitness reports ending on 2 January 2017 and 31 May 2017.  In this regard, the Board concurred that your petition omits any specificity or proffered inaccuracies or negative words and phrases for consideration.  Further, the Board noted your petition lacks supporting evidence for your contention that the RS intentionally marked you, on the report ending 2 January 2017, in a manner that would ensure the report was at the bottom of his profile.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,