Docket No: 10900-19
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 7 January 2021.  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 19 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 adverse fitness report for the reporting period 29 January 2019 to 15 February 2019.  The Board considered your contention that your reporting chain did not follow adverse report processing procedures and you therefore were not afforded an opportunity to rebut your reviewing officer’s (RO’s) comments.   
 
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.  Specifically, the Board determined that you apparently misinterpreted chapter 5 of the PES Manual, which actually states “[i]f the RO marks the K-2 “concur” box, and/or the K-3 “unsatisfactory” block, and/or makes adverse comments in K-4, the RO must inform the MRO when the report is signed and ready for review.”  Your RO did none of the above, and therefore, was not required to re-route the report to you.  
 
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,