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 4 March 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 16 January 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and your rebuttal.  
 
The Board carefully considered your request to modify your fitness reports for the reporting periods 23 January 2015 to 8 June 2015 and 9 June 2015 to 16 October 2015, and to remove all failures of selection.  The Board considered your contention that your reviewing officer (RO) submitted a letter acknowledging his unfair comparative assessment markings, and his recommended correction for the contested reports.  
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the reports are valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual.  In this regard, the Board noted that there is a clear distinction between a report’s perceived competitiveness and a report’s compliance with the PES Manual.  In fact, the perceived competitiveness of the reports’ comparative assessment mark is not a basis for removing or modifying the reports, and there is no mechanism to “reset” an RO profile after the fact.  The fact that some higher rated first sergeants were subsequently selected for promotion and you were not does not necessarily constitute error or injustice.  The Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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,