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

Docket No: 3469-19 
Ref: Signature Date 

Dear
 
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 fitness report for the reporting period 1 June 2016 to 31 December 2016. The Board considered your contention that your reporting senior (RS) wanted to make an adverse report, but, instead, he reported the lowest grades possible and used the report as a disciplinarytool.  You also contend that your RS’s Section I comments do not justify his grades, especially for a Marine who did not receive any Page 11 entries or disciplinary actions during the reporting period. 

The Board, however, substantially concurred with the AO that the report is administratively and procedurally correct as written and filed.  The Board also concurred with the AO that you provided no evidence to support your contention that your RS wanted to make the report adverse, or that he used the report as a disciplinary tool.  The AO noted that your contention that your RS’s comments do not justify his grades has some merit, and the Board concurred.  The Board, however, determined that the Section I comments do not invalidate the report because your Section C (billet accomplishments) contain several specific and measured references to below standard results, and the report is obviously centered on the noted and inferred lack of achievement, which equates to “below average” performance, and thus a relative below average report. The Board concurred with the AO that this does not constitute an error or injustice. 

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,