DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 3457-19                                                           
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 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 21 April 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 5 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove your three fitness reports for the reporting periods 26 February 2015 to 31 December 2015, 1 January 2016 to 31 December 2016, and 1 January 2017 to 31 December 2017.  The Board considered your contention that your reporting seniors (RSs) and reviewing officer (RO) made statements that do not justify the markings that you received.  You also assert that, during the first two reporting periods, you received commendatory reports while maintaining or exceeding the standard, but were issued average reports, and that, during the last reporting period, you were the most improved recruiter and made significant contributions to the command, as documented in the report, but that you still received a below average report. 
The Board, however, substantially concurred with the AO that the reports are administratively and procedurally correct as written and filed.  With regard to your contention, the Board concurred with the AO that your fitness reports are indicative of a Marine recruiter operating in a challenging environment and generally meeting the minimum standard, and that, by the end of your tour, and as noted in your last report, you improved significantly, but were still lagging the majority of your peers.  The Board determined that you failed to provide any evidence that your performance warranted higher marks, and that you did not provide anything other than your statement and unit achievements to prove that your performance and conduct warranted more than was recorded in your fitness reports. 

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, 

4/28/2020