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

Docket No: 10834-19                                                           
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  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 reporting senior (RS) portion of the fitness report for the reporting period 28 May 2008 to 31 October 2008.  The Board considered your contention that your RS's portion of fitness report is in clear violation of the Performance Evaluation System (PES) Manual and is negatively impacting your official record.  You argue that receiving such a low report from an RS, when the only change from your preceding report was your rank, is extremely unprofessional and unjust.  You also contend that your reviewing officer’s (RO) marking and comments do not reflect the RS's extremely low markings. 

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 Manual.  The Board also noted that a report is not considered unjust solely because the relative value markings are rated lower than other reports, and that your reports were written on different grades, meaning your RS is comparing and grading you against a different profile on the second, contested report. 

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