DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 459-19 Ref: Signature Date 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 10 December 2019. 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 3 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 3 January 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 1 October 2017 to 21 February 2018. The Board considered your contention that the reporting senior (RS) was not aware of his average, resulting in errors in the RS’s attribute markings. Specifically, the attribute marks for initiative, leading subordinates, developing subordinates, setting the example, ensuring the well-being of subordinates, and judgement should be marked “D” instead of “B”. The Board noted the letter from the RS requesting that your marks for the aforementioned attributes be changed to reflect a mark of “D” instead of “B”. The Board also noted the reviewing officer’s letter, in which, he concurred with the requested changes. The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct as written and filed. In this regard, the RS did not provide justification for the upgrade of each attribute mark. The Board recommended that you contact the RS to request a letter with detailed justification for each attribute mark you seek to be upgraded and that you provide an additional endorsement from the RO. The Board thus concluded that there is no probable material error or injustice warranting 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. Sincerely,