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 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 12 May 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 28 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 9 June 2016 to 18 November 2016.  The Board considered your explanation of your contentions that Section A, Items 2a-c (Organization) are incorrect, that the evaluative markings in Sections D through H violate the Performance Evaluation System (PES) guidance, and that the report is not a fair, merit-based evaluation by admission of your reporting senior (RS) in his Section I comments. 
 
The Board, however, substantially concurred with the PERB, noting that your petition omits any endorsement by your reporting officials.  The PERB determined that you did not furnish any evidence that your actual duty assignment and established reporting chain were invalid.  The PERB also determined that your RS did attempt to balance the report via his Section I comments, fully recognizing and acknowledging the marking philosophy and profile dynamics, that you were ranked against more senior department heads in a relatively small profile, and that your RS took pains to mention the unique dynamic.  Lastly, the Board determined that the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying the report.  The PERB determined, and the Board concurred, that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting removal 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. 
 
 Sincerely, 
 6/14/2020