Docket No: 5233-19 
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 16 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, as well as the enclosed 2 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 2 May 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 June 2016 to 31 May 2017. The Board considered your contention that your relative value was the result of a small reporting senior (RS) profile as explained in sections I and K of your report.  You also contend that your RS mismanaged his profile.  You assert that your relative value of 83.77 percent at processing does not reflect the true and fair assessment of a Marine recommended for battalion command, the relative value will reflect negatively at any promotion or command board, and all of your other fitness report averages are well above 93 percent. 

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 your RS’s section Icomment that the relative value of your fitness report is due to his small initial profile for Majors.  The Board also noted your reviewing officer’s section K comment that you are “running in the middle of a pack of RS CO’s.”   The Board determined that a report is not unjust solely because the relative value or comparative assessment is marked lower than other reports.  The Board also determined that although you were recommended for a personal award, there is no corresponding evaluation matrix aligned with personal awards and/or commendatory material.  Concerning your contention that your RS mismanaged his profile, the Board determined that Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual precludes your RS from writing to a profile, thus he did not mismanage his profile.  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.