Docket No: 5234-19 
 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 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 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 modify or remove your fitness report for the reporting period 1 July 2015 to 5 February 2016.  The Board considered your contentions that there is no justification for the marks you received, your performance and the performance of your Marines was outstanding, and your reporting senior (RS) told you that your fitness report would be good and not to worry.  You also contend that your RS recommended you for a Navy and Marine Corps Commendation Medal (NC), you were selected for several leadership positions, and your performance was consistent with your last report.  You claim that the report does not represent your performance. 
 
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 that your RS reduced three attribute marks, but determined that your RS was not required to provide comments to justify the reduced marks.  The Board found no evidence that you rated higher marks or that your RS failed to accurately assess your performance during the reporting period.  The Board also determined that an end of tour award does not equate with any particular evaluation metrics and there is no scale to match personal awards with attribute marks.  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,