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  18 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 9 December 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 and eventually earned your warrant as a Personnel Officer.  You received a fitness report covering the period 14 May 2016 through 31 May 2017 with a reporting average of 3.54 and value of 80.00.  Your Reporting Senior (RS) was the Executive Officer with an Artillery MOS. 
 
The Board carefully considered your arguments that the fitness report ending on 31 May 2021 should be removed from your record due to discrimination exhibited by your RS for your MOS.  You argue that your record of performance doesn’t support the grades you received and this was evidence that your RS discriminated against you based on your MOS.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case.  Specifically, the Board concluded the preponderance of the evidence doesn’t support a finding that an error or injustice exists with the fitness report in question.  As pointed out in the advisory opinion, it is not uncommon for RSs of Personnel Officers to be in a different MOS since Personnel Officers don’t serve as Executive or Commanding Officers.  Therefore, without specific evidence that supports your allegations of discrimination, the Board determined insufficient evidence exists to support your allegations.  The fact you received higher grades in other fitness reports did not persuade the Board that the report was erroneous since that factor alone cannot form the basis for a finding that a fitness report is erroneous or unjust.  The Board also considered your arguments regarding your grades and determined there was insufficient evidence to support removing the fitness report based on the grades assigned.  Your RS’ same grade cumulative profile for your grade is relatively constricted with a delta of .04 between your report average and the RS average.  Therefore, despite your report ranking last out of six reports, the Board concluded the difference was not significant enough to make a determination that your report was issued erroneously.  In making this finding, the Board considered the fact your report contained positive performance comments including your receipt of the Navy and Marine Corps Commendation Medal for your outstanding achievement.  Accordingly, after considering the totality of the evidence, 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,