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

Docket No. 6434-20 
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 8 July 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 11 August 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 29 June 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (the AO). The Board also considered your 11 September 2020 rebuttal statement.
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

The Board carefully considered your request to remove your 11 June 2016 to 31 May 2017 Fitness Report. The Board considered your contentions that your Reporting Senior’s (RS’s) personal biases led to lower markings that do not accurately reflect your performance during the reporting period. You also contend that the report’s relative value does not match the Section I comments or the letter of continuity material. The Board considered your assertions that you tried on numerous occasions to discuss a company commander’s poor leadership and toxic command climate with your RS, but that your attempts were either deflected or ignored. You also assert that when you tried to enforce battalion policies, you were admonished and counseled. 

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. Moreover, you omitted any convincing evidence of RS bias in his evaluation of you, and the fact that your RS disagreed with the you regarding the company commander does not necessarily provide a convincing argument of bias on a fitness report. The Board also concurred with the AO that you failed to provide any substantive evidence to suggest that your performance and conduct warranted higher markings than you received on your fitness 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, 
7/20/2021