Docket No: 6030-19 
                    6031-19 
 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 28 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 two enclosed 3 June 2019 advisory opinions (AOs) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AOs were 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 requests to modify your fitness reports for the reporting periods 1 October 2009 to 30 September 2010 and 1 October 2010 to 31 January 2011 by changing your RO comparative assessment marks from block “4” to block “5.”  The Board considered your contention that due to an administrative oversight your reviewing officer (RO) comparative assessment mark indicates that you are a below average performer.  You claim that as a drilling reservist you were evaluated against hand-picked, active duty, permanent personnel; you exceeded the expectations of your reporting senior, instructor staff, and students; and your performance was never below average.  As evidence, you provided two 15 February 2019 letters from your RO requesting corrections to your contested fitness reports. 
 
The Board, however, substantially concurred with the AOs that your fitness reports are valid and should be retained as filed.  In this regard, the Board noted that your contested fitness reports have been in your record for more than nine years, and since the processing you your reports, you have been promoted twice.  The Board also noted the letters from your RO, however, the Board determined that the timing of his requests are 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 also determined that it is common for drilling reservist to be evaluated alongside active duty personnel, thus for promotion consideration, reservists are only compared to other reservists.  The Board further determined that your fitness reports are not in error, your fitness reports have not negatively impacted your career progression, and 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,