DEPARTMENT OF THE NAVY 

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


Docket No: 2751-18 
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 5 February 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, the 
enclosed 28 March 2018 advisory opinion (AO) furnished by the Marine Corps Performance 
Evaluation Review Board (PERB), and applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your fitness report for the reporting 
period 6 June 2017 to 16 August 2017. The Board considered your contention that the report 
should not have been adverse, because, in accordance with paragraph 1d(4)(f)2 of the 
Performance Evaluation System (PES) Manual, “[e]xamples that are not adverse” include being 
dropped from flight school or any entry-level technically oriented school because of not having 
specific ability or aptitude. 

The Board, however, substantially concurred with the AO, noting that the paragraph you cite 
expressly applies only to personnel attending entry-level training. Conversely, paragraph 
1d(4)(g) of the PES Manual requires an adverse report when there is an “academic failure in an 
MOS related school once a Marine already has a primary MOS,” as in your case. The Board 
determined that, because you were already in possession of a technical primary military 
occupational specialty (MOS) in the utilities field, your adverse fitness report for academic 
failure was authorized. The Board thus concluded that you did not demonstrate probable 
material error or injustice warranting removal or modification of the fitness report. 

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 matters. 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, 

5/31/2019