Docket No: 6631-20 

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 application on 13 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 application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, as well as the 9 September 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 8 July 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) and your response.   
 
The Board carefully considered your request to remove your fitness report for the reporting period 31 January 2018 to 6 April 2018.  The Board considered your contentions that you did not receive formal or informal counseling before receiving your fitness report, your report was used as a disciplinary tool, and your reporting officials made no efforts to take disciplinary action against you.  You also contend that despite the numerous alleged firing incidents, the firing incidents were not documented in a formal investigation, and your case is not supported by a preponderance of evidence without a firing incident investigation.  You claim that your reviewing officer (RO) was not present during the firing incidents and your RO’s evaluation of your performance was based exclusively upon unofficial correspondence from your reporting senior (RS).  You also claim that your errors did not constitute an inability to cope with stress, thus marking your fitness report adverse for ‘Effectiveness Under Stress’ instead of ‘Proficiency’ demonstrates a lack of consideration for your experience and was not the most accurate evaluation of your performance.  
 
The Board, however, substantially concurred with the PERB decision and AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your fitness report was marked adverse for ‘Effectiveness Under Stress’ and that your RS provided the required justification and section I comments.  The Board also noted that the Marine Corps Performance Evaluation System (PES) Manual provides that RSs must document unsatisfactory performance and the factual basis for adversity.  The Board determined that your RS’s documentation of your errors during the live fire exercise were substantive, factual, and sufficient to justify the adverse nature of your report.  Moreover, your performance met the PES Manual criteria for performance-related adversity, you were afforded the opportunity to comment on all adverse material and the Third Officer Sighter found no inconsistencies or disagreements to matters of fact.  The Board also determined that the PES Manual does not require a ‘preponderance of evidence’ standard to document performance-related adversity.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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.

7/30/21

Executive Director