DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7182-18 Ref: Signature Date Dear This letter is in reference to your application for correction of your naval record pursuant to 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 that 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 17 September 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, as well as the enclosed 23 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 23 August 2018, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully considered your request to remove your fitness report for the reporting period 9 October 2014 to 1 July 2015. The Board considered your contentions that the report’s attribute marks do not reflect your commendatory service as evidenced by your end of tour Navy and Marine Corps Commendation Medal (NMCCM), and the attribute marks are all “Cs” and below your reporting senior’s (RS) average. You also contend that your RS was gaming the system because informed you that he needed to set a baseline for future gunnery sergeant (GySgt) reports. The Board, however, substantially concurred with the PERB that the contested report is administratively and procedurally correct. In this regard, the NMCCM is an end of tour award and is not based solely on your performance during the report’s reporting period. There is no requirement for fitness reports to align with an end of tour award. (The Board noted that your subsequent report was not marked commendatory. This can be corrected by contacting Headquarters, U.S. Marine Corps (MMRP-13).) Regarding your report’s average, a report is not considered unjust solely because its relative value or comparative assessment mark is lower than other reports. The Board noted that, when your report was processed, your RS did not have a profile—your report was only your RS’s second report written on an E-7. Regarding your contention that your RS stated that he needed to set a baseline, the Board concurred with the PERB that the statement could be considered your RS’s attempt to establish his marking philosophy and was not gaming the system. The Board thus concluded that there is no probable material error or injustice warranting corrective action. 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.