Docket No: 4249-19 
Docket No: 4250-19 
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. 

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 modify your fitness reports for the reporting periods 25 August 2011 to 31 May 2012 and 1 November 2012 to 4 June 2013. The Board considered your contentions that your reporting senior (RS) deemed the markings for both reports to be inaccurate, and that he provided advocacy letters that reflect the appropriate changes that need to be made on each report.  You assert that, as a result of the RS’s miscalculation to his profile, the reports do not accurately describe the RS’s assessment. 

The Board, however, substantially concurred with the PERB that, while your RS provided favorable endorsements, the justification for substantive changes are not sufficient.  In this regard, the PERB determined that you and your RS failed to provide any evidence or facts now known, that were previously unknown at processing of either report, other than a “miscalculation of relative value.”  The Board also noted that a fitness report is not considered unjust solely because the relative value and/or comparative assessment mark are rated lower than other reports.  Your petitions do not provide any rationale to specifically address the relative merits of any perceived miscalculation of the attribute marks.  The Board thus determined that the reports were administratively correct, procedurally complete, and valid at the time of submission, and they remain as such.  The PERB determined, and the Board concurred, that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting modification of either 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.