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


 
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 27 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 by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 31 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 the fitness report covering the period 15 July 2018 to 21 June 2019.  You argue the report is invalid because of the reporting chain’s lack of ability to observe your performance, lack of counsel, and bias against new officers to the unit.  You included a personal statement, email correspondence with the reporting senior (RS), and letters attesting to the reporting chain’s lack of direct access to programs. 
 
The Board concurred with the AO that there was insufficient evidence to show that the RS and the reviewing officer were unable to accurately assess your performance and that your performance and conduct warranted higher marks.  The Board determined that the fitness report is administratively correct, and shall remain in your official military personnel file as written. 
 
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, 
8/5/2021
Executive Director