DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8488-20 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 7 September 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 20 November 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), the 8 September 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) and your response. The Board carefully considered your request to remove your fitness report for the reporting period 30 March 2019 to 3 February 2020. Alternatively, you request to modify your contested fitness report by removing your reporting official’s grades or by removing your reporting senior’s (RS’s) grades. The Board considered your contentions that you were not provided with a billet description, your fitness report was used as a counseling tool, and you were only counseled after the end of the reporting period. You also contend that your section I comments do not align with your RS’s grades and your reviewing officer’s (RO’s) comments do not align with your RS’s marks. You claim that you were surprised by your fitness report because of your accomplishments and you thought that you would be rated in the top third based upon your performance as the operations officer. In response to the AO, you argued that your fitness report was based on prejudicial personal information instead of your performance. 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 fitness report was used as a counseling tool, that your reporting officials violated the PES Manual during their evaluation of your performance, or that your performance warranted higher marks than you received and you provided none. The Board also determined that the PES Manual does not require counseling prior to the processing of fitness reports and the lack of counseling is not a basis to remove or modify your fitness report. 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, 9/20/2021 Executive Director