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 11 February 2021.  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 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 considered the 7 January 2020 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 also considered the favorable 9 December 2020 AO furnished by the Marine Corps Record and Performance Branch (MMRP-50). 
 
The Board carefully considered your request to modify or remove your fitness report for the reporting period 16 December 2017 to 15 June 2018.  The Board considered your contention that your reporting senior (RS) admitted that he did not maintain a consistent marking philosophy, in violation of the Performance Evaluation System (PES) Manual.  You assert that the attribute grades do not reflect your exhibited efforts and results based on billet. 
 
The Board, however, substantially concurred with the 7 January 2020 AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable PES Manual.  In this regard, the Board noted that a letter from a reporting official to a respective promotion board does not constitute a formal endorsement of your request, nor does it necessarily constitute pertinent and/or valid evidence in support of your claim.  Moreover, you  failed to provide any evidence, beyond your statement, that your performance and conduct warranted higher marks than you received on your fitness report. 
 
The Board also carefully considered your request to adjust your date of rank (DOR) in the grade of lieutenant colonel to the DOR you would have received if selected by the Fiscal Year (FY) 2020 U.S. Marine Corps Lieutenant Colonel Promotion Selection Board.  You assert that the Performance Evaluation Review Board (PERB) corrected a fitness report, and the Board removed your FY 2020 failure of selection, and that you have subsequently been selected for promotion on the FY 2021 promotion selection board.  The Board considered your contention that this reaffirms the previous injustice in your record caused your failure of selection.   
 
The Board noted that the correction to your record was for a fitness report for the reporting period 5 June 2015 to 31 May 2016, and that the PERB adjusted the comparative assessment mark from the “6” block to the “7” block.  The Board also noted that your FY 2020 failure of selection was removed, and you were considered “above zone not previously considered” (AZNPC) by the FY 2021 U.S. Marine Corps Lieutenant Colonel Promotion Selection Board.  Officers in this status are considered by the promotion selection board to be in-zone.  Not only did you have the benefit of an AZNPC status for the FY 2021 promotion selection board, but also the benefit of an additional year to improve upon your performance record.  The Board also noted that the FY 2021 promotion selection opportunity was greater than the selection opportunity for FY 2020.  Although the AO recommended the relief requested, the Board determined that your selection by the FY 2021 promotion selection board does not substantiate that your fitness report was the sole reason for your FY 2020 failure of selection.  The Board thus concluded that your evidence is not sufficient to warrant relief. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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,