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 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.  In addition, the Board considered the advisory opinion contained in HQMC letter 1610 MMRP-13/PERB of 7 November 2019; a copy of which was previously provided to you by the Marine Corps. 
 
A review of your record shows that you entered active duty with the Marine Corps in 1999.  In 2019, you were assigned a fitness report covering the period 20181202-20190531 in which the Reviewing Officer commented in Section K, “since transferring to the unit SNO has shown effort in improving his irregular work habits and inconsistent results.”  You requested the removal of the entire fitness report or Section K with the Performance Evaluation Review Board (PERB).  On 10 September 2019, the PERB partially granted your request by removing the adverse language from Section K but concluded your arguments for expunging the entire report or Section K were without merit. 
 
The Board carefully considered your arguments that the fitness report in question should be expunged from your record or Section K removed in its entirety.  You assert that the relief requested is merited based on the lack of formal counsellings or Reporting Senior comments to document the adverse language utilized by the Reviewing Officer.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the 10 September 2019 PERB decision in your case.  Specifically, the Board determined that by removing the aforementioned adverse language from your fitness report, the Marine Corps adequately addressed your concern that the Reviewing Officer’s Section K comments regarding your abnormal performance and inconsistent results were not supported by your performance record.  The Board found no basis to remove the entire fitness report or Section K of the report since that would result in excessive degree of redress that can be accomplished with the changes recommended by the PERB.  Absent evidence why removing the offending language in Section K is inadequate to address your claim of error in the fitness report, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,