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 that 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 7 July 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.  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 30 January 2016 to 1 August 2016.  The Board considered your contentions that the report gives the impression that you did not work hard during the reporting period, or meet the expectations as set forth in your initial counseling by your reporting senior (RS).  You also contend that the report does not highlight any of your billet accomplishments in accordance with the billet descriptions that you were counseled on during your initial counseling. 
 
The Board, however, substantially concurred with the PERB.  The Board noted the work-related documents provided with your application, and that they appear to validate that you performed tasks related to your billet description.  However, there is no context or frame of reference added by you to determine specific applicability to your petition.  The Board also noted that you included a unit counseling form prepared by your Motor Transport Officer that actually documented your substandard performance during the reporting period. 
 
Regarding your contention that the report did not highlight any of you billet accomplishments, the Board noted that your billet accomplishments are captured in Section C, and that there is no requirement to repeat these accomplishments in Section I or Section K comments. 
 
The Board thus determined that the report was administratively correct, procedurally complete and valid at the time of submission, and remains 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 removal of 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.