DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5021-20 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. A three-member panel of the Board, sitting in executive session, considered your applications on 22 July 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), the 18 May 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the MMRP-30 AO), and your rebuttal. The Board carefully considered your request to remove your 1 June 2016 to 31 May 2017 Fitness Report. The Board considered your contention that your Reporting Senior (RS) and Reviewing Officer (RO) gave you unjust and inaccurate markings in violation of the Performance Evaluation System (PES). You assert that the report reflects your leadership’s personal bias, and that they did not have sufficient observation of you during the reporting period. You also assert that your performance was not below average, but was marked below average simply because your military occupational specialty is non-combat arms. Next, you allege undue influence because the Maine Detachment’s Chief of Staff purportedly directed your RS to give you low markings. You also contend that your nomination for the Clements Award for Excellence in Education was overlooked, not considered, and not properly annotated in the contested report. Lastly, you assert that the contested report is the reason you were passed for promotion by the Fiscal Year (FY) 2019 through FY 2021 USMC Lieutenant Colonel promotion selection boards. The Board did not consider your request to remove your failures of selection, noting that the same request was considered and approved by the Board (Case NR20200005016), as a result of other corrections that were made to your record, and a favorable AO recommendation from MMRP-50. The Board did not consider your request for a special selection board, noting that you had already been considered and selected by a FY 2019 Special Selection Board, and that you have been promoted to the grade of lieutenant colonel effective 1 September 2018. The Board substantially concurred with the AO and the PERB Decision that the contested report is valid as written and filed, in accordance with the applicable PES Manual guidance. In this regard, the Board noted that the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying the report, and that failure of selection is not grounds for redress. Moreover, you failed to provide any evidence your performance and conduct warranted higher marks than you received on the fitness report. Lastly, the Board noted that the PES Manual specifically prohibits RSs from marking Section A Item 6a (Commendatory Material) for award recommendations, such as your nomination for the Clements Award for Excellence in Education, and that RSs cannot discuss pending award recommendations in Section I (Directed and Additional Comments). 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, 8/2/2021 Executive Director