Docket No: 10018-19
Ref: Signature Date


Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 26 January 2021.  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 3 September 2019 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 the fitness report covering the period 23 June 2018 to 4 December 2018.  You argued that the report is invalid due to the reporting officials omitting amplifying information regarding your performance, and the reviewing officer (RO) dropping your assessment mark without justification.  
 
The Board concurred with the AO that the Performance Evaluation System (PES) manual only requires counseling regarding recommendations for promotion when the Marine Reported On is not recommended, and that the RO is not required to provide justification for a reduction in comparative assessment markings on successive reports.  The Board further noted that the report is marked Commendatory Material for receipt of a Letter of Appreciation (LOA); the fact that the RS did not mention the second LOA you received during the reporting period does not invalidate the report.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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,