DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1526-19 Ref: Signature Date This letter is in reference to your application of 13 July 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 28 January 2020. 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 enclosed 2 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 2 January 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 modify your fitness report for the reporting period 1 June 2017 to 28 February 2018, specifically, to increase each attribute marks two letter grades, increase the reviewing officer (RO) comparative assessment mark to block 6 (One of Many Highly Qualified), remove the reporting senior (RS) Section I comment “…advice is commensurate with his grade and experience” and “This is an officer we need to develop and continue to challenge,” remove the RO, Section K comment “Advice is commensurate with rank and experience”, and Section A.1.f. (Date of rank) should be “20120901.” Alternatively, you request that your contested fitness report be removed. The Board considered your contention that the RS marks and comments are inaccurate and contradict your end of tour award. You also contend that Section I and Section K include comments with negative implications and the RS never briefed you on your billet description during the reporting period. You assert that the RS gave you a midterm fitness report counseling on 25 January 2018, during which, she did not identify any deficiencies. The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, a report is not considered unjust solely because the relative value or comparative assessment mark are rated lower than other reports. The Board noted the contested Section I and Section K comments in their entirety and determined that the comments are not negative. Further, the Board concurred that the reporting officials comment that your “advice is commensurate with your rank and grade”, is also not negative, but describes your advice as satisfactory for your grade and level of experience. Moreover, formal counseling is not a requirement of the Performance Evaluation System Manual, nor does an award impact the grading of a fitness report. Concerning your request to change your date of rank on the contested fitness report, the Board concurred with the AO that your request is administrative in nature and can be corrected by contacting HQMC (MMRP-31) at (703) 784-3434. The Board thus concluded that there is no probable material error or injustice warranting corrective action. 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, 3/3/2020