Docket No 4952-20  
 
 
Dear Petitioner:  
 
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 applications on 10 June 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 applications, 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 8 May 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 25 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 May 2019 to 31 October 2019 Fitness Report.  The Board considered your contentions that the report’s adversity was not in accordance with the Performance Evaluation System (PES) Manual because you were not the subject of conduct or performance related adversity or any derogatory material during the reporting period.  You also assert that you filed a Prohibited Activities and Conduct (PAC) complaint against your Reporting Senior (RS) in response to his Section I comments in the contested report. 
 
The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed, in accordance with the applicable PES Manual guidance.  Moreover, the allegations of discrimination and bullying raised in your PAC complaint were investigated and found to be unsubstantiated.  The Board noted that your RS’s Section I comments do not invalidate the report and that you failed to provide any evidence, beyond your statement, that your performance and conduct warranted higher grades than you received on the fitness report.   
 
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, 
6/22/2021
Deputy Director