Docket No: 10971-19 
 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 15 December 2020.  The names and votes of the members of the panel 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 this 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, as well as the 19 November 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 19 November 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board carefully considered your request to remove your fitness reports for the reporting periods 1 October 2015 to 31 March 2016 and 2 June 2016 to 19 December 2016.  The Board considered your contentions that your 1 October 2015 to 31 March 2016 fitness report contains vague section I comments and there is no substantive evidence for your low attribute marks.  You also contend that during the reporting period 2 June 2016 to 19 December 2016, your reporting senior (RS) was bias because your military occupational specialty (MOS) was not an 03XX and your fitness report was used as a baseline for your RS’s profile.   
 
The Board, however, substantially concurred with the AO that your fitness reports are valid and should be retained as filed.  In this regard, the Board determined that your 1 October 2015 to 31 March 2016 section I comments were written according to the Marine Corps Personnel Evaluation System (PES) Manual guidance and your attributes are not adverse, therefore, your RS was not required to provide justification.  Concerning your 2 June 2016 to 19 December 2016 fitness report, the Board found no evidence that your RS was bias or that he used your fitness report as a baseline for his RS profile and you provided none.  Accordingly, the Board concluded that there is no probable material error or injustice warranting corrective action.  
 
You are entitled to have the Board reconsider its decision upon 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,