Docket No. 5838-19
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 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 21 July 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.  The Board also considered the 30 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 3 November 2017 to 11 June 2018.  The Board considered your contention that you received a poorly rated fitness report that does not accurately reflect your performance and accomplishments during the reporting period, and that it was rather retaliatory in nature in attempt to damage your professional military career. 
 
You assert that, due to irreconcilable personality conflicts with your reviewing officer (RO), you submitted an informal complaint.  You also assert that, after filing the complaint, you were immediately removed from the unhealthy environment, and although you were asked if you wanted to pursue an investigation, you declined in order to reduce the burden on the command.  
 
The Board noted the contents of the 1 January 2019 advocacy letter which provides a favorable description of your performance during your deployment.  The Board also found it commendable that you volunteered to serve in a remote and hostile environment, but concurred with the AO that, in this case, your ultimate duty assignment may have exceeded your experiential level.  In this regard, the Board noted that your reporting senior’s (RS’s) comment “MRO is a newly promoted field grade officer” potentially implies that you were an inexperienced field grade officer, when the criticality of the duty assignment called for an experienced field grade officer.  Additionally, your RO’s comment, “MRO was assigned as my principle communications officer and G-6 Advisor to an Afghan Corps-level counterpart” could imply that you, assigned to a Corps-level mission set, was not necessarily qualified, nor adequately positioned for success.  
 
The Board determined that there was insufficient evidence to conclude that the report is anything other than a fair and accurate evaluation of your performance, conduct, and accomplishments during the reporting period.  Moreover, the Board determined that the report was administratively correct, procedurally complete and valid at the time of submission, and remains as such. 
 
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, 
 
9/8/2020

Deputy Director