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

Docket No: 324-19 
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 19 November 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, as well as the enclosed 7 December 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 7 December 2018, 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 modify your fitness report for the reporting period 1 May 2009 to 30 September 2009. The Board considered your contention that your reviewing officer’s (RO’s) comparative assessment on your previous report was marked in block five, while his comparative assessment on the contested report was marked in block four, reflecting a drop in your performance.  You also contend that your RO’s mark is in violation of paragraph 4-14b(4)(c) of the Marine Corps Performance Evaluation System (PES) Manual, which provides that an “MRO [Marine Reported On] . . . assess[ed] in in back-to-back reporting periods, and whose performance remains constant, should receive at least the same mark as . . . assigned to the prior report.” 

The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, the RO of record is the only authority who can validate the intent of his mark.  The Board found no evidence that your RO supports your request, and you provided none.  The Board noted that, while your reference to the PES Manual is accurate, the PES Manual provides that the mark “should remain constant” (emphasis added) and thus does not prohibit an RO from adjusting the comparative assessment mark in successive evaluations.  Further, the Board concurred with the AO that your RO may have concluded that, after additional observation and reflection, you were not in fact the top Marine in your grade that he had ever reviewed.  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 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, 


12/20/2019