DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 No: 1569-19 Ref: Signature Date This 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 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 9 June 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, as well as 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), which was previously provided to you, and the enclosed 6 May 2020 AO furnished by Headquarters Marine Corps (MMRP-50). Although the PERB’s AO was provided to you and you were afforded an opportunity to respond, you did not do so. The Board carefully considered your request to remove your semi-annual (SA) fitness report for the reporting period 26 April 2016 to 31 October 2016 and to remove your change of reporting senior (CH) fitness report for the reporting period 1 November 2016 to 16 January 2017. The Board also considered your request to remove your Fiscal Year (FY) 2018 and FY 2019 USMC Captain Promotion Selection Board failures of selection (FOSs) and to remove your failure to career designate. The Board considered your contention that your reporting senior’s (RS’s) low markings as well as your reviewing officer’s (RO’s) comment “minimal supervision” in your SA fitness report are adverse in nature and negatively affected the opinions of the promotion and career designation boards. Additionally, the Board considered your contention that your RS’s comment “little supervision” in your CH fitness report is adverse and negatively affected you on your boards. The Board noted that the PERB, after identifying a correctable error in your contested SA fitness report, modified Section K by removing the following verbiage: “[a] quiet leader, SNO trusts his subordinates to accomplish tasks with minimal supervision.” and “[w]ith engaged mentorship from senior leaders, he will become a fine officer.” The Board noted that you did not furnish any evidence, other than your statement, that you warranted higher marks than what were issued by your RS and RO. The Board thus determined that the contested SA report, as modified by the PERB, is now administratively correct, and concluded that the modified report shall remain in your official military personnel file. With regard to your CH fitness report, the Board substantially concurred with the AO that, contrary to your contention, your RS’s comment, “[d]uring this period [you] assisted with the planning of CPX 1-17 and filled the role of Assistant Camp Commandant and performed [your] duties admirably and with little supervision” is not deemed negative, nor by implication was the RS intending it to be negatively construed. The Board determined that your RS likely intended the comment to be favorable, indicating that you performed admirably, and required little supervision in doing so. Additionally, the Board determined that your RS is not suggesting that you demonstrated a lack of supervision, but rather that you did not require a high degree of supervision for this particular task, which appears to be an additional duty. Regardless, the Board concluded that the comment does not invalidate the contested CH fitness report With regard to your request to remove your FOSs, the Board concurred with MMRP-50 that your request be denied. In this regard, MMRP-50 determined that the changes made to your fitness report do not meet the threshold for positive correction significant enough to have altered a promotion board’s or officer retention board’s decision. The AO opined that while there were subjectively negative comments removed from your SA fitness report, removing those comments would likely have had little impact on any board’s consideration of your performance and future potential. Additionally, the AO noted that these changes do not represent any numerical shift in your fitness report averages, and the change to the record does not constitute a correction significant enough to have potentially altered the FY 2018 and FY 2019 promotion selection boards, or the FY 2018 Officer Retention Board. 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.