Docket No: 546-20 
Ref: Signature Date 


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 application on 16 February 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 16 January 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB) and your response. 

The Board carefully considered your request to remove your fitness report for the reporting 
period 1 January 2018 to 30 September 2018 and if approved you request a special selection 
board. The Board considered your contentions that your fitness report does not reflect the 
aptitude/potential for Marine Corps career progression on the Active Reserve (AR) Program and 
you were never awarded an opportunity for counsel with your reporting senior (RS) to discuss 
his markings before or after your fitness report was processed. You also contend that your 
section K comments are for another Marine. You claim that after discussion with a career 
counselor you are confident that the misinterpretation of your fitness report caused your failure to be selected for promotion. You also claim that you informed your command about challenges that prevented you from accomplishing their mission, specifically, a lack of necessary assets at your site, the mission you received did not match the site potential based on historical data, and you requested a site reevaluation. 

The Board, however, substantially concurred with the AO that your fitness report is valid and 
should be retained as filed. In this regard, the Board noted that the PERB approved corrections to your record by changing section K of your fitness report to ‘Insufficient’ observation. The Board also noted that the Marine Corps Performance Evaluation System (PES) Manual does not require reporting officials to counsel the Marine Reported On before or after processing a fitness report. The Board found no evidence that your contested fitness report resulted in your failure to be selected for promotion and you provided none. The Board determined that your fitness report was prepared and processed according to PES Manual guidance. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting further corrective action. 

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, 
2/25/2021
Deputy Director