Docket No: 4557-20 
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 18 May 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, as well as the 12 June 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB) and your response. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 2 July 2018 to 27 February 2019.  The Board considered your contentions that you were not aware of the modification to your reporting chain, your new reporting senior (RS) was not aware that he was your RS and he had not observed your performance.  You claim that you did not want the Chief Warrant Officer to write your report because he did not have a profile, you believed that you would not be as competitive for promotion if you did not have an O-4 or above as your RS and an O-6 as your reviewing officer, and at every recruiting station the commanding officer (CO) observes the 8412’s recruiters while the district CO is the reviewing officer (RO).  You also claim that you notified your former RS that you did not received a change of reporting senior fitness report.

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that neither your former nor current RS had a profile and determined that your perceived competitiveness of your fitness report is without merit.  The Board found no evidence that your RS did not have sufficient observation of your performance and you provided none.  The Board also determined that your reporting officials’ comments appear well informed, the modification of your reporting chain does not invalidate your report and your RS was not required to counsel you before processing your report.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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, 

5/24/2021
Deputy Director