Docket No. 4640-20  
 
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 20 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 9 June 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 1 April 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the AO).  The PERB Decision and the AO were provided to you on 12 June 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your 1 January 2019 to 31 December 2019 Fitness Report.  The Board considered your contentions that your Reporting Senior (RS) made adverse comments, omitted comments regarding your accomplishments and performance, and made comments that are not relevant to the professional development that was completed.  You also contend that you were not counseled and the marks you received conflict with the recommendation you received for an extension.   
 
The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed, after the PERB removed the verbiage in Section I “…while does not directly reflect into his fitness scores.”  In this regard, the Board noted that your accomplishments are included in Section C, and your RS was not required to elaborate in Section I.  Additionally, counseling is not mandated by the Performance Evaluation System Manual, and counseling takes many forms.   
 
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, 

6/11/2021
Deputy Director