Docket #6248-20 
 
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 7 May 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.  The Board also considered the 11 August 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to modify the fitness report for the reporting period 1 June 2012 to 31 May 2013 by changing the Reviewing Officer (RO) comparative assessment from a “5” block to the “6” block.  The Board considered your contention the report was “inaccurate” due to the discrepancy between the comparative assessment and the RO’s comments in section K.4.  The Board also considered the RO’s request to have the comparative assessment changed from a “5” to a “6” because the mark was “inconsistent with [his] assessment of [your] future potential” compared to your peers.   
 
The Board, however, substantially concurred with the AO.  The Board noted there is no “scale” to “match” the RO comments and comparative assessment markings and viewed the RO’s request as an attempt to reset your profile to make you more competitive for promotion.  Further, the Board noted your recent above zone selection for promotion to Lieutenant Colonel by the Fiscal Year (FY) 2022 USMC Lieutenant Colonel Promotion Selection Board.  Based on the available evidence, the Board determined there was insufficient evidence of an error or injustice to warrant granting your requested relief of modifying your fitness report or removing the failure of selection incurred by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 

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, 
5/17/2021
Executive Director