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

Docket No. 7614-18
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 24 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 12 September 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 12 September 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 May 2017 to 31 December 2017. The Board considered your contention that your reporting senior (RS) wrote three reports on Marines of the same grade during the reporting period, and that, of those, one report was adverse but had a higher report average than your report. You assert that your RS justified grading you below that Marine because he knew her longer, has worked with her, and was forced to write the adverse report.

The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, the Board noted that the perceived competitiveness of your report’s relative value or comparative assessment mark is not a basis for removing or modifying the report. The Board also noted that an adverse report does not necessarily mean that low attribute marks must be assigned. Moreover, the Board found no evidence that your report is not an accurate assessment of your performance during the reporting period. Without an advocacy letter from your RS, the Board determined that there is insufficient evidence to warrant removal of your contested fitness report. 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.

Sincerely,