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

Docket No: 1865-19  
Ref: Signature Date 

Dear :

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2019. 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 enclosed 30 January 2019 advisory opinion (AO) from the Marine Corps Performance Evaluation Review Board was sent to you for an opportunity to comment prior to being considered by the Board.  After the period for comment expired without a response, the case was presented to the Board.
  
The Board carefully considered your request to modify your fitness report (FITREP) for the reporting period 1 February 2003 to 10 June 2003.  The Board considered your contention that your Reporting Senior (RS) did not mark you high enough, based on your performance relative to other officers of the same grade, and because you, rather than other platoon commanders, were selected to lead your platoon independently in support of an infantry battalion on a Theater Security Cooperation deployment.  The Board, however, substantially concurred with the comments and recommendation provided in the AO.  Specifically, the Board noted that, in his letter in support of your application, your RS failed to provide a detailed justification for each requested upgrade of attribute markings, indicating some aspect of your performance that he had completely overlooked when the contested FITREP was initially issued.  The Board also noted that felt you provided insufficient evidence to support your contention.  The Board thus concluded that you have not shown any probable material error or injustice warranting removal or modification of the FITREP.    

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. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters.  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, 



6/4/2019