Docket No: 4497-19 
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 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, and applicable statutes, regulations, and policies. The Board also considered the 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 25 November 2016 to 21 November 2017. The Board considered your contention that you unjustly received a below average marking from your reporting senior (RS) which did not correspond with the comments on the report. You also contend that your RS closing comments were unjust and did not reflect your performance. You assert that your RS was biased against you and that this bias affected her evaluation of you. 

The Board determined that pursuant to the Performance Evaluation System (PES) Manual, there is no scale to ‘match’ the attribute markings with the Section I comments and the RS closing comment does not violate PES Manual guidance.  Additionally, the Board determined that 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 found no evidence, and you submitted none, that your RS was biased against you. 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. 

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 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.