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

Docket No: 2935-18
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 March 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, an advisory opinion (AO) furnished by the Performance Evaluation Review Board (PERB) dated 6 April 2018, and applicable statutes, regulations and policies.

The Board carefully considered your request to remove the fitness report for the reporting period 1 January 2016 to 31 July 2016. You also request to remove the Section K comment “return to a fleet unit where his technical acumen can best serve the needs of our Corps” from the fitness report for the reporting period 1 August 2016 to 31 December 2016. The Board considered your contentions that the 1 January 2016 to 31 July 2016 report was prepared based on inaccurate and unjust material and you were led to believe that the unfounded investigation results would not affect your fitness report.  Concerning the 1 August 2016 to 31 December 2016 fitness report, it is your contention that the Reporting Senior (RS) did not brief you prior to completing the report and the comments in Section K contain a seemingly verbatim comment from the previous report.

The Board significantly agreed with the AO and determined that the fitness report for the 1 January 2016 to 31 July 2016 reporting period was written and processed in accordance with the Performance Evaluation System (PES) manual. Further, the Board found no evidence to support your contention that the outcome of an investigation had a negative impact on the Reviewing Official’s evaluation of your performance during the reporting period.

Regarding your request to remove the Section K comment from the contested reporting period 1 August 2016 to 31 December 2016. The Board substantially concurred with the AO that the statement “return to a fleet unit where his technical acumen can best serve the needs of our Corps” is not identical to the previous report. Additionally, the statement does not meet the definition of adverse, as characterized in the PES manual. The Board found no evidence that you were not briefed on the report. RS(s) should counsel Marines on fitness reports, however, this is not a requirement.  Therefore, the Board concluded the contested reports are not in error or unjust, thus they will remain unchanged in your 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 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,