Docket No: 10055-19 
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 or modify your fitness report for the reporting period 1 October 2017 to 20 January 2018 by changing it to be not observed.  You also request to add your 300 combat fitness test (CFT) score to section I and that your report be marked commendatory for your letter of appreciation that you received during the reporting period.  The Board considered your contentions that your reporting senior (RS) copied the same section D through H marks and section I verbiage from your previous fitness report and your section I statement, "SNO is in the top 50% of Captains I have evaluated" is false because your relative value placed you in the lower third of captains your RS has evaluated.  You also contend that you have not served in a regiment during your career, you did not serve in a regiment commanded by your reviewing officer (RO), and your RO had no context of who you are, what you accomplished, or your potential, as evidenced by the statement, "Top half of all Captains in the Regiment". 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified.  In this regard, the Board noted that the PERB approved corrections to your fitness report by removing your section I statement, “SNO is in the top 50% of Captains I have evaluated.”  The Board also noted that the Marine Corps Performance Evaluation System Manual does not preclude RS’s from assigning the same attribute marks or from using similar section I language on subsequent reports.  Moreover, the Board found no evidence that your RO was not in your reporting chain or otherwise qualified to observe your report and you provided none.  The Board also determined that your CFT score is appropriately documented in section A of your contested fitness report and there is no requirement to document 300 CFT scores in section I.  Concerning your commendatory material, the Board determined that you must submit a request for administrative correction to Headquarters Marine Corps (MMRP-31).  The Board thus 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,