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

Docket No: 7333-18 
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 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.  The Board also considered the enclosed 8 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 remove your fitness report for the reporting period 29 February to 31 July 2016. The Board considered your contention that your reporting senior (RS) never provided you with a billet description, initial counseling, or final counseling. You also contend that your RS’s attribute markings do not match his comments.

The Board noted that you contacted your RS and requested that he modify the report, but he apparently did not respond and was unwilling to endorse removal or modification of the report. The Board concurred with the AO that there is no scale to “match” attribute markings with Section I comments, nor is one feasible.  With regard to your contention that your RS never provided you with a billet description, initial counseling, or final counseling, the Board noted that, while your RS likely failed in some of his responsibilities, you failed to demonstrate that the report is not a fair and accurate evaluation of your performance and accomplishments during the reporting period. Additionally, the Board noted that your reviewing officer indicated that he had sufficient observation and concurred with your RS’s evaluation. The Board thus concluded that you failed to show a probable material error or injustice warranting corrective action.

The Board noted that the Performance Evaluation Review Board removed your contested fitness report for the reporting period 1 June 2015 to 
29 January 2016.  No corrective action, therefore, is required by the Board.

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,