DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
 
Docket No: 9480-18 
 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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 27 August 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, a 9 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and applicable statutes, regulations and policies.  The AO was provided to you on 9 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 26 June 2014 to 31 May 2015.  The Board considered your contentions that the contested report was an unjust evaluation of your performance and that your battalion commander was formally relieved, and pleaded guilty at a special court-martial, claiming responsibility for his actions.  It is you assertion that the report received by the reporting senior (RS) negatively affected your promotion potential. 
 
As part of the review process, the PERP reviewed your request and provided the AO to the Board.  The Board concurred with the AO and noted that the RS’s Section I comments were favorable and not biased or adverse.  The Board also noted that, at processing, the report was the third report written by the RS on a major, which is the minimum number required to establish a profile.  The Board found no evidence of bias or that the report was not an accurate assessment of your performance during the reporting period.  Further, the Board found no evidence that your fitness report by this reporting senior negatively affected your potential for promotion.  Accordingly, the Board determined that your contention is without merit because you failed to provide sufficient evidence to substantiate the existence of bias or retaliation by the RS.  The Board determined that, in accordance with the Performance Evaluation System (PES) Manual, a personality conflict between the applicant and a reporting official does not automatically constitute grounds for relief.   
 
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.