Docket No.  5683-20
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 applications on 24 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 and applicable statutes, regulations and policies, as well as the 23 July 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 3 June 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (the AO).  The PERB Decision and the AO were provided to you on 23 July 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your 23 April 2019 to 31 December 2019 Fitness Report.  The Board considered your contention that there is a contradiction between the Section A, Item 7.b. Promotion Recommendation of “No” and your Reporting Senior’s Section I comment “[r]etain and promote with peers.”  You also assert that there are no supporting documents of a physical fitness test failure.  The PERB determined that the verbiage “[r]etain and promote with peers” was an administrative error, and redacted it from the Section I comments.  
 
The Board thus substantially concurred with the AO and the PERB Decision that the modified report is now valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual guidance.  The Board noted that Section I includes the Directed Comments: “5.a: MRO failed to meet standards by failing the USMC PFT. 7.b:  MRO 
is not recommended for promotion due to failing the PFT” and that reporting officials are not required to include documentation of PFT failures in conjunction with processing and submission of adverse fitness reports.  Also, your contention regarding your apnea was sufficiently addressed and adjudicated by the Third Officer Sighter. 
 
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, 
6/29/2021
Executive Director