Docket No: 6040-19
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 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 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 reports for the reporting period 17 June 2011 to 24 August 2011.  You contend that, as a result of your reporting senior’s (RS’s) miscalculation to his fitness report profile, the fitness report does not accurately describe his accurate assessment.  
 
The Board, however, substantially concurred with the PERB, noting that the report was written by a battalion commander who is now contending that his evaluation is essentially invalid, not to the extent that it should be removed, but rather by removing the associated relative value in a benign fashion.  Your RS asserts that the markings are not reflective of your performance, but rather than identifying any specific incongruity, and/or proposing any substantive correction, he recommends making the entire report not-observed.  Not only that, but your RS proposes keeping the associated Section I comments, which would deviate from established policy that deems that a report rendered not observed due to insufficient observation (or as in this case invalid), and modified to remove attribute markings, will also have the corresponding Section I comments removed as well.  
 
The Board determined that, while your RS favorably endorsed your petition, the associated rationale is entirely insufficient to justify a substantive correction.  In this regard, the Board noted that, at processing, your RS had only processed three reports on grade, the bare minimum to even establish a profile.  Furthermore, pursuant to Performance Evaluation System guidance, “The RS must:  Determine the position on the scale that best reflects the performance or behavior of the MRO during the evaluation period.  Grades 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.”  The Board thus concluded that your contested fitness report is valid as written. 
 
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,