Docket No: 10135-19
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 10 December 2020.  The names and votes of the panel members 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 24 October 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 to the AO, you did not do so. 
 
The Board carefully considered your request to modify your fitness report for the reporting period 2 October 2015 to 31 May 2016.  The Board considered your contention that your reviewing officer (RO) reviewed his RO profile for captains, and realized that he failed to properly and accurately reflect his assessment on your performance during the contested reporting period.  The Board also considered your RO’s letter of recommendation to modify the comparative assessment to more accurately address your performance and potential. 
 
However, the Board substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  In this regard, the Board determined that, per the Performance Evaluation System Manual, no mechanism exists to “reset” reporting senior profiles.  By extension, no mechanism exists to “reset” RO profiles.  The Board also noted that the report does not reveal any overt error or injustice, and that your RO is essentially advocating to retroactively place you at the top of his profile without sufficient justification. 
 
You are entitled to have the Board reconsider its decision upon the 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,