Docket No: 4498-19 
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 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 19 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, and applicable statutes, regulations, and policies, as well as the enclosed 10 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 10 April 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to modify your fitness report for the reporting period 21 September 2012 to 20 April 2013 by removing derogatory remarks from Section I and Section K.  The Board considered your contentions that your Section I sentences, “He will be a good additionto . . .  possessesand displays potential for continued growth and service” are adverse in nature and violate Marine Corps Order (MCO) 1610.7F, the Marine Corps Performance Evaluation Systems (PES) Manual. You also contend that your Section K sentence “. . .  is within the bottom 1/3 of GySgts that I haveworked with”is adverseand also violates thePES Manual. You claim that the sentences include negative words or velvet daggers that should be avoided by reporting officials unless the intent is to render the report adverse. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified. In this regard, the Board noted your contested Section I sentences and determined that the statements are not negative and your reporting senior did not violate the PES Manual. The Board also noted the PERB correction to your contested fitness report, specifically, the removal of your Section K sentence “. . . is within the bottom 1/3 of GySgt’s that I have worked with.” The Board determined that the PERB correction to your fitness report was sufficient and thus concluded that there is no probable material error or injustice warranting further corrective action. 

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.