Docket No. 4489
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 remove your fitness report for the reporting period 9 February 2018 to 30 July 2018.  The Board considered your contention that you received your initial counseling late, after your reporting senior (RS) was directed to by the Equal Opportunity (EO) investigation outcome.  You assert that your work environment has been tense and hostile from the time you filed an EO complaint against your RS, and that the contested report is retaliatory in nature. 

The Board, however, substantially concurred with the PERB.  The AO noted that, while premising your contention of retaliation based on an EO complaint, your petition lacks any documentation to support your argument.  You also failed to provide any evidence that your performance and conduct warranted higher marks than what you received on the fitness report.  The Board noted that, pursuant to the Performance Evaluation System manual, “A Marine may appeal any report they believe is not written in accordance with this Order, or is inaccurate or unjust; however, the burden of proof rests with the petitioner.” 

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,