DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1543-19 
Ref: Signature date 

Dear   : 

This letter is in reference to your application 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. 

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, as well as the 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 remove your fitness report for the reporting period 28 May 2011 to 31 May 2012.  The Board considered your contention that the reporting officials included comments that you consider to be “velvet daggers.”  Specifically, the statements, “Continues to mature in developing effective professional relationships that enhance unit and individual personal performance” and “Has potential for continued growth and development.” You also contend that you were not made aware of any deficiencies, were never counseled, and you received an award for your actions during the reporting period. 

The Board concurred with the AO that the contested report is procedurally correct, but contains an administrative error. In this regard, the Board noted that the PERB found the reviewing officer comment “Has potential for continued growth and development” questionable and thus directed that the comment be removed from the report.  The Board, however, found that the reporting senior’s Section I comment “Continues to mature in developing effective professional relationships that enhance unit and individual personal performance” was not unacceptable or a “velvet dagger.” The Board also determined that formal counseling is not a requirement of the Performance Evaluation System Manual and that an award, while commendatory does not impact the grading of a fitness report.  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