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

Docket No. 9582-18
 
Dear : 
 
This 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 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 8 January 2020.  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 Board also considered the enclosed 6 November 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove, amend, or make non-observed the fitness report for the reporting period 25 April 2017 to 9 February 2018 non-observed.  The Board considered your contentions that you were not counseled on the report and that you were the highest performing sergeant amongst your peers. 
 
The Board, however, concurred with the AO and determined that your contention that you were not counseled on the report does not invalidate the report, as formal report counseling is not required per MCO 1610.7 (Performance and Evaluation System (PES)).  Additionally, the Board found that, per chapter 10, paragraph 3.b.(5) of the PES, “A report is not considered unjust solely because the relative value and/or comparative assessment mark are rated lower than other reports.”  Ultimately, the Board found insufficient justification to modify any marks because you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting the modification or 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 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.