Docket No: 4564-20
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.  The Board also considered the 12 June 2020 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 the fitness report covering the period 30 November 2018 to 30 June 2019 due to inaccurate reporting senior (RS) comments, lack of counseling by the RS, and insufficient review of the fitness report by the reviewing officer (RO) and Third Officer Sighter.  You argue that the RS was erroneously allowed to issue you an adverse fitness report after you made an Equal Opportunity (EO) complaint against the RS.   
 
The Board noted that you were given counseling by your RS as documented in the Counseling Worksheet of 20 April 2019, that you provided insufficient evidence regarding the EO complaint, and that the Third Officer Sighter stated the EO complaint has “been found unsubstantiated by the CG, .”  The Board concurred with the AO that the command followed Performance Evaluation System (PES) Manual guidance in processing the adverse fitness report; noting that a neither a relief for cause nor counseling is required for an adverse fitness report.  In addition, the Board concurred with the AO that the RS was not precluded from processing a fitness report because you submitted an EO complaint against him.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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, 
 
6/4/2021
Executive Director