DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
              
Docket No: 7260-18 
Ref: Signature Date 
 
Dear: 
 
This 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 29 October 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 enclosed 23 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.       
 
The Board carefully considered your request to modify your fitness reports for the reporting periods 1 May 2012 to 25 August 2012 and 1 January 2017 to 4 January 2018.  The Board considered your contention that, on the fitness report ending 25 August 2012, your reviewing officer’s (RO’s) use of the phrase “Great Potential” is inconsistent with his other comments. Regarding the fitness report ending 4 January 2018, the Board considered your contention that your RO made a statement that conflicts with a statement he made in the preceding report.   
 
The Board, however, substantially concurred with the PERB and determined that your RO’s comments in each report are not unacceptable or inconsistent, and that each report appropriately speaks to your promotion potential, as required of an RO.  Additionally, an RO’s comments are subjective, based on his or her experience and judgment.  The Board thus concluded that there is no probable material error or injustice warranting modification of the contested reports ending 25 August 2012 and 4 January 2018. 
The Board also carefully considered your request to remove your fitness report for the reporting period 11 October 2012 to 21 July 3013.  The Board considered your contentions that your reporting senior’s (RS’s) attribute markings conflict with his section I comments, and that your RO’s comments are inconsistent with the RS’s comments and conflict with his other statements in section K. 
 
However, the Board again substantially concurred with the PERB.  Specifically, the Board noted that attribute markings are not required to match section I comments, and that there is no scale to accomplish such a match.  The purpose of section I is not for the RS to echo the entries made in the attribute markings but to expound upon the Marine Reported On’s (MRO) professional character, conduct, and accomplishments in order to provide a picture of the “whole Marine.”  Additionally, an RO is in a unique position to add depth to the report and to assist the Commandant of the Marine Corps in distinguishing among Marines.  The RS and RO are to provide different, but complimentary, observation of the MRO in order to capture the perspective and experience of each.  The Board determined that your RS’s and RO’s comments met this requirement and are not in conflict.  The Board thus concluded that there is no probable material error or injustice warranting removal of the contested report. 
  
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,