DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 3028-20 
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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 13 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 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 2 April 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 all Section I comments from your fitness report covering the period 1 April 2011 to 16 January 2012 from your official military personnel file (OMPF). The Board considered your contention that the reporting senior’s comments in Section I are unjust and inappropriate in violation of the Performance Evaluation System (PES) manual.
 
The Board noted that the PERB modified the contested fitness report by removing the following comments from Section I: “  has leadership potential, but must find a balance between personal and professional time;” “He knows the right answers, but puts himself in situations that make it difficult to execute tough decisions;” and “Has potential for promotion with more time in grade and more observation in leadership position.” 

The Board determined that, with these corrections, removal of all the Section I comments is not warranted as that would constitute an excessive degree of redress and the other comments served a constructive purpose to the evaluation. The Board concurred with the PERB that the contested report, as modified, is administratively correct and concluded that the modified report shall remain in your OMPF.
 
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, 
4/25/2021 

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