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 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 29 November 2017 to 18 March 2018.  You contend that your reporting senior (RS) did not mark the report commendatory, and he did not mention billet accomplishments in Section C, despite having a list that you provided to him.  You also contend that the attribute marks were substantially lower than prior fitness reports without justification or counseling as to why, and with less than three weeks direct observation. 
   
The Board noted that Headquarters Marine Corps (MMRP-31) modified your fitness report on 24 January 2019 by marking Section 6.a (Commendatory Material) and by adding the Section C Directed Comment: “ received a Letter of Appreciation for volunteer efforts with .”  Additionally, the PERB agreed with your contention that the omission of the Section C Billet Accomplishments constituted an administrative oversight and material error on the part of your RS.  MMRP-31 corrected this error in your fitness report by adding your proposed Section C Billet Accomplishments that accompanied your application.
   
The Board also noted that the e-mail correspondence between you and your RS provides perspective as to your RS’s decision process, and determined that your perception that the marks were lower than prior fitness reports without justification or counseling lacks merit because attribute markings between the grades of ‘B’ and ‘E’ do not require specific justification.  The Board thus concluded that your contested fitness report, as modified by MMRP-31, is valid. 
 
The PERB determined, and the Board concurred that your report is deemed valid. 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,