Docket No: 4559-20 
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).  The AO was provided to you on 12 June 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board carefully considered your request to remove your fitness report for the reporting period 20 October 2018 to 30 June 2019.  If approved, you request to remove your failures of selection.  The Board considered your contention that you requested a formal counseling to ascertain your reporting senior’s (RS’s) expectations and to receive a billet description.  You also contend that your report was not marked commendatory although you received letters of appreciation during the reporting period.  You claim that your RS commented that you were “to keep doing what you are doing” and “you are killing it”, therefore, you continued doing what you were doing and assumed your RS was pleased with your performance, however, your relative value is at the bottom of your RS’s profile.  As evidence, you furnished correspondence from your former RS.  
 
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 the correspondence from your RS, in which she explains that you are her “80” due to her extremely competitive profile and she asked that more weight be provided to her comments.  The Board determined that your RS’s correspondence was furnished to provided additional context to her evaluation of your performance when compared to other Marines in her profile and her explanation is not a basis to invalidate your report.  The Board found no evidence that you were not aware of you billet description or that your performance rate higher marks than you received and you provided none.    
 
Concerning the commendatory status of your report, the Board determined that you must exhaust your administrative remedies by submitting a request and supporting document to the Marine Corps Records and Performance Branch (MMRP-31).  Based upon the fore going determinations, the Board found no basis to remove your failures of selection.  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
Executive Director