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

Docket No: 4939-20 
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 25 June 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB)(the PERB Decision), and the 20 April 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP­30)(the AO). The PERB Decision and the AO were provided to you on 25 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 modify your fitness report for the reporting period 25 October 2016 to 26 June 2017 by changing your comparative assessment mark from block 6 to block 7. The Board considered your contention that your reviewing officer (RO) stated that you were in the top ten percent, however, your comparative assessment mark was rated in the middle of his profile. You claim that your RO agreed that he marked you incorrectly. As evidence, you furnished correspondence from your RO to the promotion board. 

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 the correspondence from your RO and determined that, at processing, your RO’s intent was to mark you in block 6 along with your peer group. The Board also determined that your RO’s comments were intended to add context and demonstrates his intentional consideration of your peer group when assigning your comparative assessment mark. 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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