Docket No: 5308-19 

 Ref: Signature Date 

Dear 


This 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 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 
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. The Board also considered the Headquarters, Marine Corps (MMRP-13/PERB) advisory opinion (AO), and your rebuttal. 

The Board carefully considered your request to modify the Reporting Senior (RS) marks on the 
fitness report for the reporting period The Board considered your contention that several of the marks were incorrectly marked by the RS prior to forwarding to the Reviewing Officer (RO), and the RS has provided correspondence to reflect the correct marks in order to correct this administrative error. 

The Board noted that your RS had originally determined that, due to an administrative error, he 
annotated your attribute marks for performance, effectiveness under stress, and professional 
military education as “D” instead of “E.” The Performance Evaluation Review Board (PERB) determined that your RS did not provide sufficient justification to adjust the marks, and recommended your request be denied. In rebuttal, you submitted another advocacy letter from your RS, requesting the Board adjust the attribute marks in the performance, leading subordinates, and developing subordinates categories. In justifying this request, your RS stated that your performance “is consistent with optimal well researched solutions and he was instrumental in leading and developing administrative sections across 15 subordinate units,” that you are “the best active duty personnel officer I have had the pleasure of working with,” and that the “E” ranking “is a more commensurate measure of his capability and propensity for future service.” 

The Board substantially concurred with the AO and concluded that you have not shown by preponderance of evidence probable material error, substantive inaccuracy, or injustice warranting modification of the fitness report. Specifically, your RS did not, for any of the five trait attributes he requested change to, specify what you accomplished during this reporting period that would warrant change to an "E" mark. Further, it was not clear to the Board why the first RS advocacy letter requested changes to the performance, effectiveness under stress, and professional military education trait attribute marks, and instead of providing the necessary justification in his second advocacy letter, he changed his request to adjust the marks for the leading subordinates and developing subordinates categories. Finally, the RO concurred with the RS's assessment of you and, in signing section K-5, attested to the report's accuracy. 

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 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.