Docket No 5004-20

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.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. 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 7 July 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 18 June 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30)(the AO), which were previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.      
 
The Board carefully considered your request to modify the fitness report covering the period 13 March 2014 to 31 March 2015 by changing the reviewing officer (RO) comparative assessment marking for Proficiency from ‘C’ to ‘E.’  You included with your petition a letter from the contested report’s RS, who endorsed the modification.  
 
The Board noted that the petition did not address how the report was in violation of the Performance Evaluation System Manual, that the RS endorsement provided inadequate justification given that at the time the report was written RS markings were skewed to a ‘C’ marking, and that the report period covered only 62 days.  The Board concurred with the PERB Decision and the AO that increasing the marking from ‘C’ to ‘E’ is not warranted as there is insufficient evidence of an error or injustice.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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, 
6/21/2021
Executive Director