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

Docket No: 10028-19 
Ref: Signature Date 


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 15 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 determined that your personal appearance, with or without counsel, would 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.
 
The Board carefully considered your request to modify your fitness report for the reporting period 1 June 2017 to 31 May 2018 by removing your reviewing officer’s (RO’s) assessment.  The Board considered your contention that your RO marked you at the bottom of his profile and did not recommend you for promotion.  You also contend that your RO did not meet the intent of the Marine Corps Performance Evaluation System (PES) Manual regarding observation and counseling.  You claim that your RO’s evaluation was highly inconsistent with other data available to him, specifically, unit performance, your reporting senior (RS), observations from the Group Operations officer, personal interaction, and your Navy and Marine Corps Commendation Medal (NCM).  You also claim that your RO refused to counsel you, and he did not inform you or your RS that your performance was below average.  As evidence, you furnished correspondence from your RS. 

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 the Marine Corps Performance Evaluation System (PES) Manual does not provide hard guidelines on what constitutes sufficient knowledge and observation for the RO.  The Board determined that the PES Manual does not require your RO to counseling you prior to the submission of your fitness report.  The Board also determined that your RO’s evaluation of your performance is based upon all Marines of the same grade, whose professional abilities were known to him, thus your RO was not beholden to the recommendation by your RS, your previous performance or your receipt of a NCM. 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, 
1/22/2021