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


Docket No: 3557-19                    
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  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 change of reporting senior (CH) fitness report for the reporting period 1 October 2012 to 2 June 2013.  The Board considered your contention that your reporting senior’s (RS’s) comments are almost identical to your reviewing officer’s (RO’s) comments on your preceding fitness report ending 30 September 2012, indicating that no observation took place at any level to give a true assessment of you, contrary to Performance Evaluation System (PES) guidance.  The Board, however, substantially concurred with the PERB that there is no preclusion from reporting officials submitting similar (almost identical) attribute markings or comments on successive reports.  The Board concluded that your CH fitness report is valid as written. 

The Board also carefully considered your request to modify your transfer (TR) fitness report for the reporting period 1 October 2013 to 3 March 2014 by removing negative RS comments.  The Board noted that the PERB directed that the contested report be modified by removing the Section I comments “[you] limit[s] [your] leadership potential by not accepting responsibilities outside the scope of [your] MOS” and “with thorough mentorship, [you] possess[es] the potential to be a SNCO of greater impact within the company,” and by removing all Section K comments except the sentences “[you are] a Marine that works very hard at developing [your] skills as a SNCO,” and “[you] complete[s] all tasks assigned.”  The Board thus determined that the report, modified by the PERB, removed all negative comments and that no additional modifications are necessary. 

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. 

Sincerely, 

5/15/2020