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

Docket No: 1861-19 
Ref: Signature Date 

This letter is in reference to your application of 12 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. 

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 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 report for the reporting period 18 November 2016 to 9 June 2017.  The Board considered your contention that Section A, Item 4 (Duty Assignment) of the contested report was changed without consulting you, the reporting senior (RS) did not consult with your operational supervisor (GS-15), the RS did not know your duty assignment and had no data to evaluate your performance.  You also contend that you were marked below average despite being awarded Directorate Military Performer of the Quarter and the                               Military Performer of the Year. 

The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, the Board found no evidence that your Duty Assignment is incorrect.  The Board noted that your Section C (Billet Accomplishments) include “Operationally led, trained and supervised a team of (5) Joint Service personnel while administratively leading and supervising a platoon of (21) Marines.” The Board opined that the billet accomplishments could be consistent with the duties of a Platoon Commander.  The Board noted that your report contains billet accomplishments and Section I comments that are substantively sufficient to conclude the RS had firsthand knowledge of your performance or obtained the information from a creditable source. The Board thus found no evidence that the RS failed to consult with your operation supervisor or that he had no knowledge of your duty assignment or performance.  Concerning your contention that you were marked below average, the Board noted that your relative value places you at the RSs “numerical” average.  The Board also noted that your achievements as Directorate Military Performer of the Quarter and the            Military Performer of the Year were awarded after the end of the reporting period and were captured on subsequent 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