DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9290-18 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 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, and applicable statutes, regulations, and policies, as well as the enclosed 23 October 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 23 October 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 November 2006 to 8 January 2007. The Board considered your contentions that, because the report covers a period of less than 90 days, it should be marked not observed, and that your reviewing officer’s (RO) comparative assessment mark decreased from block 5 to block 4 on your previous report, which, you assert, represented an oversight on your RO’s part. The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, although the report covers a period less than 90 days, your reporting senior (RS) did provide the required directed comment in Section I justifying the observed nature of the report. Additionally, the Board noted that, although your RO’s comparative assessment mark “should” remain consistent, the Marine Corps Performance Evaluation System Manual does not prohibit the RO from lowering the mark based on a comparison of you with other Marines of the same grade observed by the RO, and you provided no evidence to support your assertion that the mark represented an oversight on your RO’s part. The Board also noted that the report has been in your record for more than 11 years and you have been promoted twice with the contested report in your record. Accordingly, the Board 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.