DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1675-18 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 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 for Correction of Naval Records, sitting in executive session, considered your application on 9 April 2019. 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 Headquarters, Marine Corps (MMRP-13/PERB) advisory opinion (AO) dated 6 March 2018. The Board carefully considered your desire to modify or remove the fitness report for the reporting period 1 June 2010 to 20 November 2010. The Board considered your contention that there were incidents during a period you were deployed that caused friction as the result of a personality conflict between you and your Reporting Senior (RS). The Board also considered that you were recommended for the Bronze Star Medal for your service during the contested reporting period. You argued that your RS did not forward the medal recommendation, as required, and it was finally awarded several years later, after the original recommendation was properly submitted for consideration. You also asserted that there is no justification for your RS marking you lower in the initiative trait mark from the preceding fitness report he wrote on you, and the Bronze Star Medal that you were awarded proves your initiative was not declining. The Board substantially concurred with the AO. Specifically, you provided no substantiation of your contention that there was a personality conflict between you and the RS, or that the RS lacked professional objectivity in his evaluation of you. Additionally, per the Marine Corps Performance Evaluation System (PES), reporting officials do not have to be geographically co located with a Marine Reported On. The fact that you were not co-located with the RS or that you received an award after the fact for your performance during the reporting period is not grounds for overriding the RS's grading philosophy and his evaluation of you during the reporting period, especially when there is no evidence that the RS violated the guidance set forth in the PES. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 4/18/2019