DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 9697-18                                                           
Ref: Signature Date 

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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 14 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 advisory opinion (AO) (undated) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove your fitness report for the reporting period 2 December 2005 to 19 April 2006.  The Board considered your contentions that the evaluation you received from your reporting officials is unfair and biased because you were a newly promoted staff sergeant who had been at the battalion for less than four months.  The Board also considered your contentions that your reporting senior’s trait markings do not match his Section I comments, and that your reviewing officer’s comments are not accurately reflected in his comparative assessment mark.  You assert that this fitness report is not an accurate reflection of your leadership qualities, and it has hindered your career progression. 

The Board, however, substantially concurred with the PERB and determined that the contested report is administratively and procedurally correct as written and filed.  The Board agreed with the AO, noting that the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying the report.  The Board also noted that you failed to provide any evidence that your performance warranted higher marks than those given by your reporting officials.  The Board thus concluded that there is no probable material error or injustice warranting removal of the contested 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.   

Sincerely, 

4/2/2020