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


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.  The Board also considered the 15 October 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), the 17 August 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 carefully considered your request to remove or modify the fitness report covering the period 29 June 2018 to 6 March 2019.  You argue the report violates Performance Evaluation System (PES) manual guidance that when a reporting senior (RS) is relieved for cause, the reviewing officer (RO) will complete a change of Reporting Senior (CH) report on all affected Marines and forward the report for review to the next senior officer in the reporting chain and that the RO will include a mandatory comment in section K.  You contend that your RS was relieved for cause but the command did not follow PES policy and gave you an incorrect reporting occasion; transfer (TR) vice CH.  In addition, you contend that the report’s markings did not reflect your performance and were given as punishment for the RS getting relieved.  
 
Per the AO, it was acceptable for the command to omit the CH report in order to avoid having to give you a Not Observed report, as you were pending transfer.  The Board concurred with the AO that the PES manual grants deference to commanders at the battalion and squadron level regarding modification of reporting chains.  Furthermore, since the RS did include a statement in section I stating the reporting chain was modified due to the performance-related relief for cause of the Company Commander, a section K comment from the RO was not necessary.  Finally, the Board noted there was insufficient evidence to show that your performance warranted higher marks than received.  Consequently, the Board determined that the fitness report did not violate the PES Manual, and shall remain in your official military personnel file as written. 
 
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, 
8/24/2021
Executive Director