Docket No: 11628-19 
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 9 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, as well as the 19 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 9 December 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 report for the reporting period 28 May 2013 to 31 October 2013.  The Board considered your contentions that your fitness report reflects a decrease in performance, you were never formally or informally counseled, and your fitness report is not an accurate representation of your performance.  You assert that you reached out to your reporting senior (RS) and he indicated that your performance actually increased.  As evidence, you furnished correspondence from your former RS. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted your RS’s request for corrective action, however, his request failed include any specific recommendation to correct your fitness report.  The Board also noted the changes to your attribute marks from your previous fitness report and determined that according to the Marine Corps Performance Evaluation System (PES) Manual your RS was not required to justify your decreased marks.  The Board also determined that the PES Manual does not mandate counseling, nor is it a basis to remove your fitness report.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, 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, 
 
                                                                                               2/23/2021
Executive Director