Docket No: 3426-20
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 26 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 2 April 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which you were previously provided.  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 report covering the period from 5 April 2019 to 31 December 2019.  The Board considered your contention the Section D markings are not consistent with the Reporting Senior (RS) Section I comments, nor are the markings accurate in comparison to Section C billet accomplishments.  The Board also considered your contention the Reviewing Officer (RO) and RS markings were extremely low despite your billet accomplishments, award recommendations, and the absence of administrative actions during the period of observation.  Lastly, the Board considered your contention the RO and RS comments were “personal and biased.”   
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted the PERB’s decision to modify the fitness report by removing a negative comment made by the RO and confirmed the modification has been made to the fitness report.  However, the Board, in concurrence with the AO, noted your contentions lacked merit and specifically noted there is no scale to “match” attribute markings with Section I comments or Section C billet accomplishments.  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,