Docket No: 10048-19 
 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 modify your fitness report for the reporting period 11 December 2012 to 30 April 2013 by removing your section K.4 (Reviewing Officer Comments) statement, "Has potential to become a great advisor during this tour if he can open up to ANSF counterpart."  The Board considered your contentions that the statement is a "velvet dagger" and does not follow the guidelines prescribed in the Marine Corps Performance Evaluation System Manual. 
 
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 considered your contested statement and determined that your reviewing officer’s statement is not a “velvet dagger” or adverse when viewed in the context of your entire report.  Accordingly, the Board concluded that there is no probable material error or injustice warranting further 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,