DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4660-20 
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 25 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 2 October 2015 to 11 March 2016. The Board considered your contention that your attribute marks do not correlate to the positive performance detailed in section I of your fitness report, specifically, your attribute marks for Leadership, Developing Subordinates, and Setting the Example were marked below your reporting senior’s (RS’s) average. You also contend that the section I statement, “. . . possessing all of the most desirable qualities of leadership outside of the scope of his current MOS” inferred that you only possessed leadership qualities outside of your MOS. 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 your statement and the correspondence from your RS to the PERB. The Board also noted that your RS’s evaluation of your performance and conduct was considered with the input of other senior staff members and determined that your attribute marks reflect your RS’s well advised conclusion that you did not exceed performance expectations commensurate with your rank and billet during the reporting period. The Board also determined that your contested section I statement was not a negative inference of your leadership ability, the statement expounds upon your RS’s recommendation that you be considered for promotion to first sergeant. Moreover, the Marine Corps Performance Evaluation System (PES) Manual does not provide a scale to match attribute mark with section I comments. 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, 
5/28/2021 

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