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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  25 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 21 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 1 August 2015 to 29 October 2015.  You contend that the attribute markings are in direct conflict with Section I comments, representing a substantive inaccuracy.  You also contend that these  inaccuracies mislead you to believe that the overall report was laudatory.   
 
The Board, however, substantially concurred with the PERB that you have not provided anything other than your statement to prove that your performance or conduct warranted higher marks than were given on your fitness report, nor did you offer a compelling argument that your reporting officials conspired to intentionally write the report with a low relative value, while obscuring any underhanded intent with laudatory comments.  
The Board noted that the report comments were rather benign, and not readily suggestive of any remarkable performance that would correspond with higher marks.  Finally, the Board determined that your contention that the word picture does not match the markings lacks merit because there is no applicable Performance Evaluation System (PES) manual guidance proscribing a scale to “match” report comments and markings, nor is any such scale feasible by design. 
 
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.