Docket No: 5306-19 
 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 9 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 modify your fitness report for the reporting period 3 January 2018 to 30 June 2018.  The Board considered your contention that your reporting senior (RS) made an administrative error when marking your fitness report.  As evidence, you provided a letter from your RS requesting corrections to your attribute marks for sections D through G accordingly:  sections E.2, E.3, F.4, F.5, G.1, G.2, and G.3 should be marked “E”.  Your RS also requests that section F.3 be marked “D.” 
 
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 request to modify your fitness report and determined that your RS failed to provide sufficient justification to warrant a substantial corrections to your record.  The Board also determined that your RS’s attempt to recreate your report to engineer a predicated relative value is a violation of Marine Corps Order (MCO) 1610.7, the Marine Corps Performance Evaluation System (PES) Manual, as grades are earned and not given, and should not be based on a preconceived or artificial fitness report 
average.  Moreover, these modifications to your attribute marks will negatively impact the relative values of Marines with previously processed reports in your RS’s 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. 
 
                                                                              
Sincerely, 
 
                                                                            
7/10/2020