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

Docket No: 3940-19 
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 14 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, as well as the enclosed 6 April 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 6 April 2018, 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 reports for the reporting periods 16 October 2008 to 31 December 2008 and 1 January 2009 to 6 July 2009.  The Board considered your contentions that the reports contain inaccurate and unjust material, that the reviewing officer (RO) for your 16 October 2008 to 31 December 2008 was biased because your reporting senior (RS) informed him that you attempted to blackmail your RS during your initial meeting, and that your 1 January 2009 to 6 July 2009 report was submitted after you departed the command and its word picture does not match the report’s trait markings as reflected in their relative value.
 
The Board, however, substantially concurred with the AO that the contested reports are administratively and procedurally correct.  In this regard, the AO noted that you did not provide any evidence of bias against you or that the contested reports reflect such bias. The Board noted that, although Marine Corps Order (MCO) 1610.7, the Marine Corps Performance Evaluation System (PES) Manual, provides that reporting officials should counsel the Marine Reported On (MRO) throughout the reporting period, it does not mandate counseling. Further, the Board determined that, in accordance with the PES Manual, fitness reports are due to Headquarters Marine Corps within 30 days of the end of the reporting period, but there is no requirement to complete a report before the MRO checks out of the organization. Lastly, the Board found no evidence that your reports are not an accurate assessment of your performance during the reporting periods, and you provided none.  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,