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  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 2 April 2020; a copy of which was previously provided to you for comment. 
 
A review of your record shows that you entered the Marine Corps in August 2005.  Between December 2017 and December 2019, you received three fitness reports issued by the same Reporting Senior (RS).  In the report ending December 2017, you were assigned a 3.62 average with a relative value of 86.50 and a ranking of 1 out of 10 while serving as SNCOIC.  In the report ending December 2018, you were assigned a 4.46 average with a relative value of 97.94 and a ranking of 2 out of 10 while serving as Quality Assurance Chief.  Subsequent to this reporting period, you underwent back surgery and were placed on limited duty and convalescent leave.  You also requested to be involved in SAPR duties to remain gainfully employed.  As a result, in the report ending December 2019, you were assigned a 3.38 average with a relative value of 82.22 and a ranking of 7 out of 10 while serving as Production Control Chief.  Your Master Chief at the time provided a statement that he perceived a difference in how your RS perceived you after your surgery.  On 6 February 2020, the Performance Evaluation Review Board (PERB) concluded that your request to remove the December 2019 fitness lacked merit.   
 
The Board carefully considered your arguments that the December 2019 fitness report should be removed from your record or replaced with an RS observation of “not observed.”  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 concluded the preponderance of the evidence does not support a finding that your RS ignored fitness report guidance regarding your limited duty status.  The Board agreed with the PERB analysis that no evidence exists that documents that your RS marked you lower in your December 2019 fitness report due to your limited duty status.  As pointed out in the PERB report, you were not available to perform your duties as a result of your medical status requiring the RS to rely on others to fill your former duties while you performed other assigned duties.  Based on this evidence, the Board concluded that there are no prohibitions on the RS ranking your peers ahead of you based on their ability to perform duties that you were formerly performing.  Since the evidence supports that you were not the highest performer, the Board determined the December 2019 fitness report is administratively correct and should remain unchanged.  The Board was not convinced by the general statement provided by your Master Sergeant that your RS’ perception of your changed after your surgery.  The Board again agreed with the PERB that this statement of general perception does not prove the RS ignored fitness report guidance regarding your medical status.  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,