Docket No: 10024-19 
 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 8 December 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, as well as the 24 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 24 October 2019, 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 June 2017 to 22 June 2018.  The Board considered your contentions that your reporting officials were bias, although allegations against you were found to be unsubstantiated.  You also contend that your performance marks in your previous fitness report were higher when compared against your contested commendatory fitness report and your fitness report ranks you as the lowest officer reported on, in grade, by your reporting officials.  You claim that you were under investigation for multiple allegations, after you departed the command all allegations were found to be unsubstantiated.  You also claim that your command was aware of the malicious intent of the complainant and delayed action until after her separation from active duty. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your contested fitness report omits any mention of the command investigation or allegations against you.  The Board determined that each reporting period is unique and the Marine Corps Performance Evaluation System Manual does not preclude reporting officials from decreasing report values on subsequent reports, nor are they mandated to justify the decreased marks.  Moreover, the Board found no evidence that your reporting officials were bias and you provided none.  Accordingly, the Board concluded that there is no probable material error or injustice warranting corrective action.  
 
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,