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 February 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 19 November 2019 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 your fitness report for the reporting period 1 July 2015 to 22 January 2016 and to remove all failures of selection for promotion.  The Board considered your contentions that your reporting senior’s (RS’s) Section I comment indicates that he did not have a marking philosophy in keeping with the Performance Evaluation System (PES) Manual and that he was writing to a profile and not evaluating your efforts and abilities across the 14 attributes of the Performance-Anchored Rating Scales.   
    
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable PES Manual.  In this regard, the Board noted that your RS was actually explaining some basic tenets of his individualized marking philosophy, as is authorized by the PES Manual, and this does not invalidate the report.  
Furthermore, the fact that the report has an 80.00 relative value also does not invalidate the report because “[a] report is not considered unjust solely because the relative value and/or comparative assessment mark are rated lower than other reports.”  Moreover, the fact that a career counselor “flagged” this report does not invalidate the report. 
 
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,