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

Docket No: 7611-20 
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 1 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 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. 

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 modify your fitness reports for the reporting periods 2 August 2018 to 30 June 2019 and 1 July 2019 to 2 October 2019 by changing your comparative assessment marks from block 5 to block 6. The Board considered your contentions that according to the Marine Corps Performance Evaluation System (PES) Manual, Marines being assessed in back-to-back reporting periods and whose performance remains constant should at least receive the same mark as assigned on the prior report. You claim that your reviewing officer’s (RO’s) comments demonstrate the consistency of glowing remarks to justify that your performance remained constant. You also claim that you received an end of tour personal award as evidence that your comparative assessment mark should not have dropped. As evidence, you furnished your previous fitness report and email to your RO. 

The Board, however, substantially concurred with the PERB decision and AO that your fitness reports are valid and should be retained as filed. In this regard, the Board noted that the PES Manual does not constrain ROs from reducing a comparative assessment mark on back-to-back fitness reports and ROs are not required to justify the basis for reducing a comparative assessment mark. The Board also noted the email to your RO and determined that your RO was aware of the deviation in his assessment of your performance and the lack of correspondence supporting your request implies that his evaluation was intentional. The Board also determined that receipt of a personal award does not equate to a particular comparative assessment mark. 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 

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