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

Docket No: 6669-20  
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 6 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 17 June 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30).  The PERB decision and AO were provided to you on 9 September 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board carefully considered your request to modify your fitness report for the reporting period 3 June 2014 to 30 June 2015 by changing your comparative assessment mark from block 5 to block 6.  The Board considered your contentions that the reviewing officer (RO) relationship had not been fully developed despite the one year reporting period.  You claim that your interaction with your RO was limited to six months, your RO recalled that your performance was above average, and over time the growth in his profile negatively affected your record.  As evidence, you furnished correspondence from your former RO. 
 
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 the correspondence furnished by your RO, however, the Board determined that your RO’s assessment of your performance during 2015 was valid.  The Board also determined that a change in your RO’s profile dynamics and/or the perceived competitiveness of your report’s comparative assessment mark is not a basis to modify your fitness report.  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, 
7/22/2021

Executive Director