Dcoket No 6670-20

 
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 21 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, as well as the 9 September 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision) and the 17 July 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 provided to you on 9 September 2020, and you were given 30 days in which to submit a response.   
 
The Board carefully considered your request to remove or modify the fitness report for the reporting period 17 July 2019 to 5 June 2020.  The Board considered your contention the Reporting Senior (RS) and Reviewing Officer (RO) processed this report without providing you an opportunity to see the report before it was submitted for filing.  You further contend the RS did not provide you with initial counseling, and his placement of you in his overall profile is “inconsistent with the word picture and corresponding attributes.”  The Board also considered your contention that you are “left to suspect reprisal” due to a lack of “supporting written documentation that would offer [you] opportunity to understand and correct deficient performance,” and your assertion that your “true performance” in your billet is not justified by the recorded relative value of 80.95, or your position at the bottom of the RS’s profile.     
 
The Board, however, substantially concurred with the AO.  The Board concluded that although your contentions that you were not provided an opportunity to see the fitness report prior to submission and did not receive initial counseling from the RS may have merit, these errors do not invalidate the report.  Further, the Board concurred that there is no scale to match attribute markings and section I comments with relative value nor did you provide any evidence, other than your statement, that your performance and conduct warranted higher markings.  Lastly, the Board, noting you did not provide any evidence but only a stated “suspicion of reprisal,” determined there was insufficient evidence to support your contention and overcome the government’s presumption of regularity in the handling of your personal situation.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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, 
											6/3/2021
											Executive Director