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

Docket No: 7571-20 
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 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 5 October 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 3 February 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 5 October 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 remove or modify your fitness report for the reporting period 1 August 2018 to 6 June 2019 by changing your comparative assessment mark from block 4 to block 5 or by changing section K.1 to insufficient observation. You also request to remove your failures of selection for Fiscal Year (FY) 2020 and 2021 USMC Sergeant Major (E-9/SgtMaj) through Master Sergeant (E-8/MSgt) Promotion Selection Board.

The Board considered your contentions that your fitness report was graded in error and your reviewing officer (RO) considered adverse material that was removed from your record by the Board. You also contend that your RO’s mark reduced your comparative assessment mark from block 5 to block 4 although there was no change in your performance from the previous reporting period. 


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, a previous Board granted relief by removing your 10 April 2019 6105 page 11 entry and rebuttal statement. The Board also noted that your reporting officials did not reference or discuss your counseling entry, your contested fitness report was not adverse, your report was written by a different reporting senior (RS), and your marks are considerably lower than your previous reporting period. The Board found no evidence that your RO considered your counseling entry in his evaluation of your performance and you provided none. The Board determined that the Marine Corps Performance Evaluation System Manual does not constrain RO’s from lowering comparative assessment marks. Based upon the fore mentioned determination, the Board found no grounds to remove your failures of selection. 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, 
8/14/2021