Docket No: 4029-20
Docket No: 4173-20
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 23 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 29 April 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Section and the 29 June 2020 AO furnished by Headquarters, Marine Corps (MMRP-50), 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 the “attribute markings and comparative assessment” for the fitness report for the reporting period 13 May 1999 to 27 July 1999.  The Board noted the Performance Evaluation Review Board (PERB) modified the report on 28 May 2020 by marking section A, Item 5b as “not observed and Item 7c as “N/A,” removing the comments in section C, deleting pages 2 of 5 through 4 of 5, and inserting a comment in section I that states “This report is a Not Observed Fitness Report Due to Insufficient Observation.”  With the modification to the report, the Board considered your contentions which pertain to the Reviewing Officer’s (RO) comparative assessment.  Specifically, the Board considered your contention the RO failed to ensure the Reporting Senior (RS) made the appropriate comment in section I.  The Board also considered your contention that the RO’s marking “gave the appearance of a significant degradation in [your] performance,” and contend that they were made commensurate with the Reporting Senior’s “unjust markings and” should be removed.   
 
The Board also carefully considered your request to remove the Fiscal Year (FY) 2021 Colonel Promotion Selection Board Failure of Selection (FOS).  You contend the modification to the fitness report for the reporting period 13 May 1999 to 27 July 1999 was a substantive change to your record which corrected an “unjustified performance assessment” that impacted the FY 2021 Colonel Promotion Selection Board.   
 
The Board, however, substantially concurred with the AOs.  In this regard, the Board determined the fitness report, as modified by PERB on 28 May 2020, is valid and should remain in your record.  Further, relying on the MMRP-50 AO, the Board concurred that the administrative changes made to the report do not meet the threshold for positive correction significant enough to have altered the FY 2021 promotion board’s decision.  Specifically, the Board concluded that removing the report’s relative value does not produce a significant enough impact to justify removing the FOS.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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,