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

Docket No: 1982-19 
Ref: Signature Date 

This letter is in reference to your application of 5 December 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 3 March 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 12 February 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB) and your response. 

The Board carefully considered your request to remove your fitness report for the reporting period 15 December 2015 to 30 June 2016.  The Board considered your contentions that the reporting senior (RS) marked three of five fitness reports for Marines in your grade with the same relative value, and refused to adjust the attribute marks on other reports.  You claim that after the RS wrote his fifth report, your contested report fell to the bottom third of your RS’s profile, which resulted in you not being selected for promotion to Sergeant Major (SgtMaj/E-9). 

The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, the AO explained that the perceived competiveness of a report’s relative value is not a basis for removing your report.  The Board acknowledged the letter from your RS, to the President of the Fiscal Year (FY) 2019 Sergeant Major through Master Sergeant selection board and determined that the RS’s letter was merely a characterization of your performance and explanation of his rating philosophy.  The Board also noted that Marine Corps Order (MCO) 1610.7, the Marine Corps Performance Evaluation System (PES) Manual, states that grades are earned by the Marine Reported On (MRO) and not given to attain a perceived fitness report average or relative value.  Further, regarding the dynamics of a RS profile, the PES Manual cautions RSs that attempting to change their rating philosophy may positively or negatively affect the relative value of reports for Marines that they previously rated.  Moreover, the Board found no evidence that your RS’s rating philosophy caused your non-selection and you provided none.  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, 

4/8/2020