Docket No. 6044-20
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 1 May 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 2 June 2018 to 3 December 2018 Fitness Report.  The Board considered your contentions that you were not formally counseled during the reporting period, your Reporting Senior’s (RS’s) Section I comments were non-specific, and a favorable comment contradicts his statement that you failed to lead.  You also contend that your Reviewing Officer (RO) failed to properly adjudicate factual differences.    
 
The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual guidance.  In this regard, the Board noted that simply disagreeing with the report contents does not necessarily constitute factual differences.  Your RS specifically stated “I have reviewed the detailed and documented record jacket maintained by the RS.  This includes the MRO's initial counseling and follow-on counselings referenced in this report.”  Moreover, derogatory Material and/or negative counsel are not required in conjunction with processing and submission of an adverse report. 
  
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, 
6/29/21
Executive Director