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 9 June 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), which was previously provided to you, as well as your 14 April 2019 rebuttal. 
 
The Board carefully examined your request to remove your fitness report for the reporting period 1 July 2017 to 4 June 2018, to remove your failure of selection (FOS) to the grade of major, and to be granted a Special Selection Board (SSB) with the contested fitness report removed.  The Board considered your contentions that you received negative markings from your reporting senior (RS) but unjustly did not receive any counseling from your RS prior to this report.  You also contend that you attempted to discuss this fitness report with your RS and your RS unjustly failed to respond.  In your rebuttal, you contend that your RS was biased against you and that this bias affected his evaluation of you.  You assert that your RS ranked you as his lowest ranked captain, which affected your ability to promote. 
 
     The Board, however, concurred with the AO that the Performance Evaluation System (PES) Manual encourages, but does not require, reporting officials to counsel for submission of a fitness report, and determined that the lack of counseling does not invalidate your fitness report.  The Board found no evidence, and you submitted none, that your RS was biased against you.  Additionally, the Board determined that, pursuant to the PES Manual, the 
perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying the report.  The Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
    With regard to your request to remove your FOS to the grade of major or to be granted an SSB, the Board noted that the contested report is one of six fitness reports in grade that was available for consideration by the Fiscal Year (FY) 2020 USMC Active Reserve Major Promotion Selection Board when you failed selection.  Given that the contested report is valid and there were additional fitness reports to assess your promotion potential, the Board was not persuaded that the contested report caused your FY 2020 and FY 2021 FOSs.  The Board thus concluded that removal of your FY 2020 and FY2021 FOSs or an SSB is not warranted. 
 
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, 
  7/16/2020