Docket No. 6014-19
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 14 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, as well as the 3 June 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 3 June 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
12 January 2007 to 1 June 2007.  The Board considered your contention that your reviewing officer (RO) marked the comparative assessment erroneously.  As evidence, you provided a 2 November 2018 letter from your RO requesting a correction to your contested report due to an administrative oversight. 
 
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 contested report has been in your record for more than thirteen years, and you have been promoted twice since the processing of the report.  The Board also noted your RO letter requesting a correction to your fitness report, however, the Board determined that the timing of his request is unpersuasive, your RO was aware of your performance at the time of the report, and any substantive change long after processing has an unintended negative effect on other Marines in his profile.  The Board determined that your fitness report is not in error and has not negatively impacted your career progression, and that you have not provided sufficient evidence of a substantive inaccuracy.  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,