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

Docket No: 10747-19                                                           
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. 

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. 

A three-member panel of the Board, sitting in executive session, considered your application on 22 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, and applicable statutes, regulations, and policies.  The Board also considered the 7 November 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.
 
The Board carefully considered your request to remove your fitness report for the reporting period 7 September 2018 to 31 May 2019.  The Board considered your contentions that the report is not an accurate reflection of your performance during this reporting period, that the report unjustly ranks you as the lowest out of seven Marines, and that Section I comments can be perceived as negative.  You assert that you were not given any indication that your performance was less than satisfactory, and you were not given any guidance or counsel on how to improve your performance.  You also contend that you were unfairly rated because you did not attend School and your billet accomplishments were changed without your knowledge. 

The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual.  The Board also noted that the perceived competitiveness of a reports relative value or comparative assessment mark is not a basis for removing or modifying the report.  Additionally, Section I does not overtly indicate the presence of any negative phrases, and the PES Manual does not mandate formal counsel.  

You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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, 

2