Docket No: 3498-19 
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 remove your annual fitness reports for the reporting periods 1 July 2014 to 31 December 2014 and 1 April 2015 to 31 December 2015. Regarding your fitness report ending 31 December 2014, the Board considered your contentions that your recruiting sub-station (RSS) was neglected by the recruiting station headquarters, and that headquarters failed to hold the previous staff non-commissioned officer in charge (SNCOIC), and previous recruiter, accountable for not properly maintaining the RSS before you assumed responsibilities as the SNCOIC.  With regard to your fitness report ending 31 December 2015, the Board considered your contentions that it was not written in accordance with the Performance Evaluation System (PES) Manual, that the report contains velvet daggers, and that you were denied the opportunity to address your concerns with the report before you detached from your duty assignment.  You also assert that you received the Navy/Marine Corps Achievement Medal for your meritorious service for the period 12 March 2013 to 1 March 2016, which contradicts your fitness reports. 

The Board, however, substantially concurred with the PERB that you failed to provide any evidence beyond your statement that your performance and conduct warranted higher marks or comments than were recorded in your fitness reports.  With regard to your fitness report ending 31 December 2014, the Board noted your purported challenges during your six-month assignment as the RSS SNCOIC but concurred with the AO that, unfortunately for some, recruiting duty often involves challenging environments with expectations for improvement, however, the perceived environmental disadvantage does not invalidate the report. 

Regarding your fitness report ending 31 December 2015, the Board noted that you did not stipulate what comments are velvet daggers.  The Board, again, concurred with the PERB that there does not appear to be any overt velvet daggers contained in the reporting officials’ comments, and the fact that you received the report at your next duty station after processing does not invalidate the report. The Board also determined that your Navy/Marine Corps Achievement Medal represents your completion of a successful tour of recruiting duty spanning the period from 12 March 2013 to 1 March 2016, and the fact that you received the award does not invalidate or contradict the 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 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.