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

Docket No: 2840-19   
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 19 April 2018 advisory opinion (AO) from the Marine Corps Performance Evaluation Review Board (PERB) 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 remove your fitness report (FITREP) for the reporting period of 26 February 2004 to 4 June 2004.  The Board considered your contentions that your Reporting Senior’s (RS) Section I mandatory comments did not provide a “word picture” of your performance, and that the Reviewing Officer’s (RO) Section K comments appear more like a counseling, rather than an evaluation of your performance.  The Board, however, substantially concurred with the AO.  Specifically, the Board noted that “capable” is not adverse.  The Board also agreed that, while the RS’s comments are sparse, they do provide a word picture and are not contrary to policy.  In addition, the Board noted that the RO’s comments in Section K are in accordance with the requirements of MCO P1610.7F, which requires, that, at a minimum, such comments “amplify [the] comparative assessment mark, and evaluate the [Marine Reported On’s]  potential for continued professional development.” The Board thus concluded that the FITREP contains no probable material error or injustice warranting its removal.
   
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