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

Docket No. 8489-20 
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. 

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 10 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 18 November 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB), and the 14 July 2020 Advisory Opinion (AO) provided to the PERB by the Manpower Management Division Records and Performance Branch (MMRP-30). The PERB decision and the AO were provided to you on 20 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 carefully considered your request to modify your fitness report for the reporting period 19 May 2012 to 31 December 2012 by changing 13 of the Reporting Senior’s (RS’s) attribute markings to block “E.” The Board considered your contentions the fitness report contained “substantive inaccuracies” and, at the time the report was prepared, there were facts about you that were “unknown” to the RS. The Board also considered the RS’s endorsement, which you submitted in support of your request for relief, requesting to change the marks to “E” after “routine review of this past report and additional factual information from the reporting period” were presented to him. 

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 there was insufficient evidence, explained in your statement or provided by the RS, to warrant changing 13 attribute markings to “E,” especially noting that, at processing, the RS did not assign a single “E” attribute marking. 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,