Docket No 5005-20 
Docket No 6036-20
 
 
Dear Petitioner: 
 
This is in reference to your applications 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 applications, 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 applications have been denied.     
 
Although your applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your applications on their merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 11 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 25 June 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB decision) and the 8 April 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 25 June 2020, and you were given 30 days in which to submit a response.  
 
The Board carefully considered your requests to modify the fitness report for the reporting period 1 January 2013 to 31 May 2013 and remove all failures of selection by the Fiscal Year (FY) 2020 and FY 2021 Lieutenant Colonel Promotion Selection Boards in light of the PERB’s modification on 30 June 2020 to the fitness report for the reporting period 1 August 2008 to 3 October 2008.  The Board considered your contention the Reporting Senior (RS) was not tracking his profile when he made several attribute marking errors on the 2013 report.  The Board further considered the letters submitted by the RS and the Reviewing Officer (RO) in which the RS requests changes to five attribute markings and the RO concurs “wholeheartedly.”  
 
The Board, however, substantially concurred with the AO.  The Board concluded the RS did not identify any material errors of fact and, based on the available evidence, concluded there was insufficient evidence of an error or injustice to warrant granting your requested modifications to the fitness report for the reporting period 1 January 2013 to 31 May 2013.   
 
The Board, in determining whether the FY 2020 and FY 2021 failures of selection should be remove, noted the modification made to the 1 August 2008 to 3 October 2008 fitness report was not significant enough to potentially have altered the promotion selection boards.  Specifically, the modification would have resulted in the bottom third of your captain fitness reports changing from 50% to 42.9%.  The Board concluded that, although your record before the FY 2020 and FY 2021 promotion selection boards contained errors, it did not amount to a probable material error or injustice warranting corrective action. 
 
     It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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