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

Docket No. 7388-18

Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, § 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 6 November 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, as well as applicable statutes, regulations, and policies.  The Board also considered the enclosed 31 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  The AO was provided to you on 31 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 1 June 2015 to 1 December 2015.  The Board considered your contentions that your reporting senior (RS) and reviewing officer (RO)—who were the same person in your case—retaliated against you due to the complaints you made to the   ( ). 
 
The Board noted that the actions your RO took to modify your reporting chain of command, to become both your RS and RO, is permitted by the Performance Evaluation System Manual (PES), that you had the opportunity to submit rebuttals to your RO’s comments, and that a third officer sighter properly commented on the disagreements between your RO’s assessment of your performance and the contentions you made in your rebuttals.  Additionally, the Board determined that you were a contributing factor to the poor command climate in the , and that your relief for cause was not in retaliation for the complaints you made to the .  Accordingly, the Board concurred with the AO that the contested report is procedurally correct as written and filed, and that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice that warrants the removal of the 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 the 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.