DEPARTMENT OF THE NAVY 

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

 
Docket No: 8190-18 
Ref: Signature Date 



Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the Board found 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 21 February 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 enclosed 26 September 2018 advisory opinion 
(AO) from the Marine Corps Performance Evaluation Review Board (PERB) was sent to you for 
an opportunity to comment prior to being considered by the Board. After the period for 
comment expired without a response, the case was presented to the Board. 

The Board carefully considered your desire to remove your fitness report (FITREP) for the 
reporting period 13 May 2017 to 30 October 2017. The Board considered your contention that 
both your Reporting Senior (RS) and Reviewing Officer (RO) made adverse comments that you 
believe are adverse in nature. Specifically, the RS’s comments include the statement “he can 
continue to learn,” and the RO’s comments include the statements “potential for future 
development is still untapped” and “MRO [Marine Reported On] is still growing as a Senior 
SNC.” The Board also considered your contention that the RO’s comparative assessment 
inaccurately rated you the same as two Marines who, you assert, were involved in misconduct. 
The Board, however, substantially concurred with the comments and recommendation provided 
in the AO. The Board noted that, in context, the comments are laudatory, not adverse. The 
Board also noted that you provided no evidence to support your assertion regarding the 
comparative assessment and, that, in any event, according to paragraph 10-1c of MCO 1610.7A 
(PES Manual), the perceived competitiveness of a comparative assessment “is not a basis for 
removing or modifying the report.” (Emphasis in original.) Therefore, the Board concluded that 
you have not shown that the FITREP constitutes probable material error or injustice warranting 
its removal or modification. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new matters. 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, 

5/17/2019