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

Docket No: 3471-19
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 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 17 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, as well as the enclosed 5 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 5 March 2019, 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 remove your fitness report for the reporting period 2 July 2017 to 30 April 2018.  The Board considered your statement and contentions that the nature of the adversity is unjust because your reviewing officer (RO) had a personal issue with you, the Section K comments are inaccurate, and your RO made attempts to have the reporting senior change his marks to be adverse.
 
The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct.  In this regard, the Board noted that your RO marked your report “sufficient observation,”and he did not concur with your RS because your RO lost trust and confidence in you and did not recommend you for promotion.  The Board also noted that your RO’s addendum page comments justified the adverse nature of the report.  Further, the Third Officer Sighter (TOS) adjudicated the factual differences of your report and noted the 6105 Page 11 entry counseling you that you were relieved of your duties.  The TOS also found that the “punishment/relief” was just and noted that you have the potential to improve. The Board determined that your RO’sassessment and comments regarding your performance are in accordance with Marine Corps Order (MCO) 1610.7, the Marine Corps Performance Evaluation System Manual.  Moreover, concerning your contention of a personality conflict between you and your RO, the Board found no evidence that the RO acted unjustly, and, moreover, noted that a personality conflict does not constitute grounds to remove a report. 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,