DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4854-19 
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 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 23 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 23 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 remove your fitness report for the reporting period 1 August 2017 to 8 July 2018.  The Board considered your contentions that your fitness report should have been marked commendatory, and the reporting occasion is not in compliance with Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual.  You claim that the commendatory material could have directly affected the marks of the report and will have a direct effect on your future promotion and career progression. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted the 15 October 2018 Headquarters Marine Corps (HQMC) (MMRP) memo directing the administrative correction to your fitness report for the reporting period 20 May 2017 to 31 July 2017, by marking your report commendatory and adding the directed Section I comment, “MRO was awarded a navy and Marine Corps commendation Medal during this reporting period.”  The Board determined that the HQMC memo administratively corrected your previous fitness report, therefore, your reporting officials were under no obligation to acknowledge the award, nor were they compelled to factor the award into the evaluation of your performance.  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,