DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 6254-20 
          
 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 29 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 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 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 23 June 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30)(the AO).  The PERB Decision and the AO were previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.      
 
The Board carefully considered your request to remove the fitness report covering the period 1 November 2019 to 19 February 2020.  You argue that the report is invalid and unjust as the fitness report was submitted at the same time a command investigation was being conducted based on your request mast.  
 
The Board noted that PERB modified the contested report by removing the following language from Section K reviewing officer (RO) comments: “ can accomplish most tasks when directed.”  The Board further noted that the fitness report followed Performance Evaluation System manual guidelines as the reviewing officials did not have to counsel you prior to processing the report, which was not marked adverse.  Consequently, the Board determined that with the correction, removal of the report is not warranted.  The Board concurred with the PERB Decision and AO that the contested report, as modified, is administratively correct and concluded that the modified report shall remain in your OMPF. 
  
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, 

7/7/2021
Executive Director