Docket No: 10917-19
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 16 October 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 24 June 2018 to 31 March 2019.  The Board considered your contention that although you requested on multiple occasions, your reporting senior (RS) did not counsel you or provide you with a written billet description in a timely manner.  You also assert that you should have received a change of reporting senior (CH) report, and that your RS’s comments contradict his markings. 
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  In this regard, the Board noted that, although your RS failed to comply with Performance Evaluation System (PES) Manual guidance, you failed to provide any evidence that the omission of a specified billet description hindered your performance evaluation, and this omission does not necessarily invalidate the report.  Additionally, there is no PES Manual scale to "match" RS comments with relative value.  Lastly, you failed to provide any evidence that your performance and conduct warranted higher marks than you received on your fitness 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,