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

Docket No: 7603-20 
Ref: Signature Date 

GYSGT USMC
 
Dear Gunnery Sergeant : 
 
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 3 August 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 furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 24 September 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 15 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.  
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 5 August 2016 to 30 June 2017.  The Board considered your contentions that your attribute marks do not reflect your section I comments and your attribute marks are below average, while your section I comments speak highly of you.  You also contend that your reviewing officer’s (RO’s) comparative assessment mark and comments do not reflect your overall performance or potential for professional growth and your RO’s statement “an adequate performance” can confuse promotion board members and raise concerns because it does not support the RS’s comments.  You claim that you were not counseled or relived for substandard performance or incompetence.   
 
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 the Marine Corps Performance Evaluation System (PES) Manual does not provide a scale to match attribute marks with section I comments or RO comments with RS comments.  The Board also noted your contested RO statement and determined that the statement is not confusing when read in the context of the entire sentence.  Moreover, the Board found no evidence that your performance and conduct warranted higher marks than you received and you provided none.  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, 

8/03/2021
Executive Director