Docket No: 4646-20 
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 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB decision), and the 4 February 2020 Advisory Opinion provided to 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.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board carefully considered your request to remove or modify your fitness report for the reporting period 1 October 2018 to 30 September 2019.  The Board considered your contention that your end of service (EN) report was not required due to your retirement and you were not counseled during or prior to the processing of your report.  You claim that your reporting senior (RS) did not ensure free communication of input and feedback throughout the reporting period. 
 
The Board, however, substantially concurred with the PERB decision and the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that according to the Marine Corps Performance Evaluation System (PES) Manual the submission of an EN report is not required for Marines who retire/transfer to the Fleet Marine Corps Reserve with 20 years of service or greater.   However, the PES Manual does not prohibited a RS from exercising his/her discretionary authority by submitting a report.  The Board determined that your dissatisfaction with your report and a lack of counseling is not a basis for removal.  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, 

5/26/2021

Executive Director