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.     
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  
 
A three-member panel of the Board, sitting in executive session, considered your application on 23 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.  The Board also considered the 9 October 2019 advisory opinion (AO) furnished by the 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 carefully considered your request to remove the fitness report covering the period 13 June 2018 to 12 February 2019.  The report is adverse; Section D.1 ‘Performance’ was marked ‘A’ with justification and the Section I Directed Comment stated the report was adverse due to your performance-related relief for cause as the Ammunition Company Commander.  You argue that the report is unjust and inaccurately describes your performance.  
 
The Board concurred with the AO that the report is in compliance with the Performance Evaluation System (PES) Manual.  The reporting senior provided the factual basis for the assessment in the justification block of Section D.1 and stated in Section I that you were relieved for cause, and the reviewing officer comments addressing your rebuttal statement were 
comprehensive and extended to an Addendum page.  The Board found that there was insufficient evidence to show material error or injustice warranting removal of the contested report.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 

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,