Docket No: 10911-18 
Ref: Signature Date 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the Board for Correction of Naval Records (Board) found the 
evidence submitted was 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 
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 enclosed Headquarters, Marine Corps (MMRP-
13/PERB) advisory opinion (AO) and your rebuttal of 

The Board carefully considered your desire to remove from your record the fitness report for the 
reporting and the fitness report for the reporting period 
The Board also considered your request to remove your failures 
of selection (FOS) incurred by Selection Boards. 

Regarding your fitness report ending the Board considered your contention 
that the markings are unfair and there is adverse language in Section I (Reporting Senior 
comments). You assert that you received a non-punitive letter of caution (NPLOC) uring the 
reporting period and the Section I comments deliberately recount the content of the NPLOC in 
order to justify low markings and relative value. You argued that the contents of the NPLOC 
should not be made a part of your fitness report. 

Regarding your fitness report ending the Board considered your contention that 
the Section I comments are not commensurate with the mark down in performance from a 
previous report received from the same Reporting Senior. You assert that the error affects your 
relative value and shows inconsistent performance. The Board also considered your contention 
that the errors in both reports caused an injustice by negatively affecting your future career 
opportunities and causing your failures of selection. 

The Board substantially concurred with the AO. Specifically, the comments in your report 
ending were complimentary of your ability to maintain focus on the mission in 
spite of other conduct issues with the platoon. The Board also noted that, per the Manual of the 
Judge Advocate General, the facts underlying a non-punitive letter may be used to support 
comments made by Reviewing Officials. Regarding both fitness reports, the Board noted that 
each fitness report is an assessment of your performance during a specific reporting period and is 
independent of any prior or future assessments. The Board concluded that the fitness reports are 
not in error or unjust, and removal of your failures to select is not warranted. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel would not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon the 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.