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

Docket No: 1855-19 
Ref: Signature date 

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 30 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 30 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 reports for the reporting periods 8 December 2013 to 31 May 2014 and 1 June 2014 to 31 May 2015.  The Board considered your contentions that your reviewing officer (RO) was not aware of the relative value of the reports when compared to your peer, and that this lack of knowledge prevented your RO from performing his duties to resolve the issue.  You also assert that the RO would not have concurred with the RS marks if he was aware of your relative value in comparison to your peer. 

The Board, however, substantially concurred with the AO that the contested reports are administratively and procedurally correct. In this regard, the Board noted that the RO reviewed your performance on three successive occasions, during which, he concurred with the reporting senior (RS) marks and comments.  The Board also noted that the RO had two reporting occasions to address his concerns, if he felt there were inconsistencies.  The Board noted, too, that the RO’s letter to the promotion board did not include any reference to your relative value or inconsistency between you and the other Marine being evaluated.  Moreover, the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing the contested reports.  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