DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7691-20 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 15 October 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 25 June 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 or modify your fitness report for the reporting period 6 January 2016 to 19 May 2016 by removing your reviewing officer’s (RO’s) comments. The Board considered your contention that according to the Marine Corps Performance Evaluation System (PES) Manual a fitness report is not a disciplinary tool, a lever to exert influence or a counseling document. You also contend that your reviewing officer (RO) did not ensure that your fitness report was accurate and unbiased, and your RO assessment occurred during an ongoing investigation into allegations regarding a page 11 entry. You claim that it is a reasonable conclusion that your RO’s evaluation was based on information outside the fitness report. You also claim that the Board previously granted relief by removing adverse material and directed the complete correction of your record by removing all adverse material. You argue that your contested fitness report constitutes an additional punitive action that still exists and needs correcting. 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 the approved corrections to your record and that the Executive Director approved the removal of your fitness report for the reporting period 20 May 2016 to 29 August 2016. The Board also noted that your contested fitness report was processed prior to any adverse action and is not adverse in nature. The Board determined that the scope of the fore mentioned corrective action did not extend to the removal of documents that preceded any adverse action. Moreover, the Board found no evidence that your investigation influenced your RO’s evaluation of your performance or that your fitness report was not processed according to the PES Manual 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, 8/30/2021 Executive Director