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.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 27 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 3 November 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB decision), and the 3 September 2020 Advisory Opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30).  The PERB decision and the AO were provided to you on 4 November 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board determined your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 17 April 2010 to 31 May 2011 Fitness Report by changing the Reviewing Officer’s (RO’s) comparative assessment from the “6” block to the “7” block.  The Board considered your contention that your RO incorrectly marked the “6” block.  The Board also considered the RO’s letter of 15 July 2020 to the President of the Fiscal Year 2022 Brigadier General Promotion Selection Board, which you submitted in support of your request for relief, stating he marked you in accordance with his “policy” of starting commanding officers in the “6” block then moving them up to the “7” block on their subsequent reports.   
 
The Board, however, substantially concurred with the AO and the PERB decision that the report is valid as written and filed, in accordance with the applicable PES Manual guidance.  In this regard, the Board noted your RO admitted that his reconsideration was based on hindsight.  Additionally, at the time of the fitness report, he had an extremely mature profile indicating he fully knew what he was doing, and as attested to in his letter… your RO fully complied with his established marking philosophy.  The Board further noted the PES Manual guidance allows for revision of the assessment “based entirely on facts about the Marine that were unknown when the original report was prepared” but concluded your submission does not present facts about your performance or conduct which were not known at reporting.  The Board thus concluded that your request is lacking in substantial evidence of error or injustice. 
 
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, 

8/31/2021
Deputy Director