Docket No: 7609-20 
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 10 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 5 October 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 21 August 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 your fitness report for the reporting period 2 September 2015 to 24 January 2016.  The Board considered your contentions that your section I comments conflict with your attribute marks and do not reflect your performance during the reporting period.  You also contend that your reviewing officer (RO) commented that you were a top third performer, yet he evaluated you at the bottom of his profile.  You claim that your reporting senior (RS) marked your attribute for communication ‘B’ because of your accent.  
 
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 comparative assessments.  The Board found no evidence that your performance warranted higher marks than you received and you provided none.  The Board determined that RO profiles are fluid and the PES Manual does not require ROs to maintain fractional groupings of Marines over time.  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, 
 
                                                                                                                                        8/30/2021


Executive Director