Docket No 7601-20

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 15 October 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision) and the 29 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 15 October 2020, and you were given 30 days in which to submit a response.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove the fitness report for the reporting period 1 July 2018 to 30 June 2019 which was extended to include 1 July 2019 to 11 August 2019.  The Board considered your contentions you were not counseled during the reporting period “despite continuous attempts” or until after the fitness report had posted.  The Board also considered your contentions the Reporting Senior (RS) section I comments were “taken directly from the scaled measurements,” do not provide an adequate or detailed evaluation, fail to address entries made in sections A through H of the report, and contradict “the spirit” of Marine Corps Order 1610.7A.  Lastly, the Board considered your contention the RS markings dropped 13 points from the first report in 2018 and the cumulative relative value dropped from 87.86 to 81.00 on this contested report but you were never counseled regarding your performance or conduct.  
 
The Board, however, substantially concurred with the AO.  The Board concluded that although your contentions that you were not counseled prior to submission of the report and did not receive counseling from the RS during the reporting period to explain the drop in points, these errors do not invalidate the report.  Further, the Board concurred that there is no Performance Evaluation System Manual constraint from utilizing specified scaled measurements nor a requirement to address entries made in sections A through H.  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, 

 6/11/2021
 Deputy Director