Docket No: 8535-20
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 24 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 20 November 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 23 September 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 20 November 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.  
 
The Board carefully considered your request to remove your fitness report for the reporting period 16 February 2013 to 1 June 2013.  The Board considered your contention that the removal of a fitness report from your reporting senior’s (RS’s) profile skewed your relative value.  You also contend that the skewing negatively affected your cumulative relative values.  As evidence, you furnished correspondence from your former reviewing officer (RO). 
 
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 your former RO’s correspondence omitted any suggestion of irregularity or error in his evaluation of your performance or within your fitness report.  The Board determined that the substantive correction to another Marine’s fitness report does not constitute an error or injustice because it resulted in a change to your relative value, nor is it grounds to remove 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, 


9/2/21

Executive Director