Docket No: 5374-20
Ref: Signature Date


Dear : 
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    
 
Your request has been carefully examined by a three-member panel of the Board, sitting in executive session on 15 September 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application and the matters submitted in support of your application.  The Board also considered the 19 July 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).     
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 October 2012 to 8 April 2013, and to remove all failures of selection.  The Board also considered your request for the convening of a Special Selection Board (SSB).  The Board considered your contention that new letters of advocacy substantiate your claim that you were subjected to working in a hostile environment that was caused by your reporting senior (RS) and reviewing officer (RO), that the treatment of women and an injustice occurred when your fitness report was marked adverse despite your performance and that of your section.  You assert that you tried to correct this injustice by going through base legal while the fitness report was being processed, that you had requested mast to the Commanding General, and that you spoke with an Equal Opportunity Representative.   
 
The Board carefully considered each of the advocacy letters you submitted but substantially concurred with the AO and determined that your fitness report is valid.  The Board noted that adversity of the report is well documented, that your RS sufficiently justified the adverse marks for your performance and judgement, and that you exercised your right to rebut your RS’s and RO’s markings and comments.  Additionally, the Board determined that you failed to provide any evidence that your performance or conduct warranted higher marks than you received for your fitness report.  The Board thus concluded that removal of the fitness report, removal of your failures of selection, and the convening of a SSB are not warranted. 
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,