Docket No: 3490-19 
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 28 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, as well as 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 modify your fitness report for the reporting period 29 December 2016 to 31 December 2017.  The Board considered your contention that your attribute and comparative assessment marks are extremely low and that they do not reflect your accomplishments during the reporting period.  The Board also considered your contention that your report was based on a personality conflict due to your involvement with the formal resolution system to address purported unjust treatment within your command. The Board, however, substantially concurred with the PERB, noting that, other than your reference to specific professional military education (PME) accomplishments, you failed to provide any evidence that your performance and conduct warranted higher marks than you received, or any specification as to what your marks should be adjusted to.  The Board also concurred with the AO that you omitted any supporting evidence related to the formal resolution system, and determined that your contention that your report was based on a personality conflict is speculative.  The PERB thus determined, and the Board concurred, that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting modification of the report. 

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 the 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.