Docket No: 4181-19 
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 that 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 21 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 28 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 28 March 2019, 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 report for the reporting period 7 November 2003 to 18 May 2004. The Board considered your contention that your reporting senior’s (RS’s) Section Icomment, “This officer typically inspires. . .” is unfairly derogatory and implies that during the reporting period the RS believed that you failed.  You also contend that since your RS did not mark your report adverse, you did not have an opportunity to rebut your report.  You claim that as the first of only three comments by your RS, his comment heightened the impact of the negative language. 

The Board, however, substantially concurred with the AO that your fitness report is valid and shall be retained as filed. In this regard, theBoard noted the AO’s determination that your RS’s comment “This officer typically inspires Marines and clients alike with his appearance and athleticism” is not negative and does not render the report adverse.  The Board determined that your RS’s use of the word “typically” in context, is not derogatory, does not imply failure, and was intended to note the impact your personal appearance and athletic stature has on others.  The Board also determined that the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing your report.  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 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.