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 14 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.  The Board also considered the 20 November 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), the 11 August 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the AO) as well as your rebuttal to the AO of 11 December 2020. 
 
The Board carefully considered your request to modify the fitness report covering the period 1 February 2010 to 23 May 2010 by changing the reviewing officer (RO) Comparative Assessment marking from ‘3’ to ‘5.’  You contend that the RO erroneously marked the Comparative Assessment block and included with your petition a memorandum from the contested report’s RO endorsing your request to modify the report.   
 
The Board noted that the PERB modified the contested fitness report by changing the Comparative Assessment mark from ‘3’ to ‘4.’  The PERB stated that the RO’s remedy to mark the assessment two blocks was excessive.  You argue that you were marked a ‘4’ on your previous fitness report and your performance improved during this reporting period; thus the Comparative Assessment should be marked a ‘5’ in accordance with the RO’s endorsement. 
 
The Board concurred with the AO that the RO endorsement provided insufficient justification to warrant modifying the RO Comparative Assessment two blocks.  The Board determined that the contested report, as modified, is administratively correct, and shall remain in your official military personnel file as written. 
 
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, 
Executive Director