Docket No: 6011-19
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 13 August 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 3 June 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 modify your fitness report for the reporting period 24 November 2012 to 31 May 2013.  The Board considered your contention that you confirmed with your reporting senior (RS) that his relative value for this report should have been 4.42 instead of the 4.35 reflected on the report.   
 
The Board, however, substantially concurred with the PERB that, despite your RS’s advocacy letter, your petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting modification of the fitness report.  In this regard, the Board noted that neither you nor your RS argue that the report is in error or unjust, but rather argue that the purported RS’s original intent for report relative value was not achieved because of mathematical miscalculation.  The Board thus determined that your request violates the spirit and intent of the Performance Evaluation System (PES) manual, which states that “[g]rades are earned by the MRO’s displayed efforts and apparent results; they are not given to attain a perceived fitness report average or relative value.”  
 
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,