Docket No. 4484-19 Ref: Signature Date Dear : This 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 30 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 10 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you. 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 report for the reporting period 27 June 2014 to 14 May 2015. The Board considered your contention that this report was the first report written by your reporting senior (RS) on first sergeants and that he changed his marking philosophy on subsequent reports, significantly changing the relative value of your contested fitness report, creating a disparity that is not readily apparent with proper context. The Board, however, substantially concurred with the PERB. The AO noted that the subsequent four first sergeant reports written by your RS result in a cumulative relative value of 83.35. The report average was 4.38. This also signifies that one first sergeant is now ranked below you in the RS’s profile. The Board determined that you failed to provide any evidence beyond your statement that your performance and conduct warranted higher marks than were recorded on your fitness report. The Board also noted that your RS’s letter to the promotion board reflects favorably on you outside the narrower context of the specific performance evaluation, and it does not necessarily serve as justification to modify or invalidate a report. The Board noted that there is no evidence to suggest that your RS’s marking philosophy changed, and that, pursuant to the Performance Evaluation System manual, RSs are not supposed to write a report to conform to a specific (pre-determined) result. Additionally, the perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying 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,