Docket No: 6065-19 
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 11 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, as well as the 30 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 30 May 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 remove or replace your fitness report for the reporting period 1 June 2017 to 31 May 2018; alternatively, you request to remove your reporting senior’s (RS’s) attribute marks and section I comments. The Board considered your contentions that your reporting senior (RS) sought retaliation against you, by reducing your attribute marks to a lower relative value than was previously brief because you believe your RS became aware of your involvement as a witness during the command investigation into his alleged misconduct.  You assert that your RS informed you that your relative value for the reporting period would be 94 percent.  You claim that your concerns about your fitness report and RS were brought to the attention of your command’s leadership and the Inspector General (IG).  You also claim that they agreed that any pending fitness report would be withdrawn.  As evidence, you provided various emails from the IG and command personnel.  
 
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 the email from the IG referenced the potential retraction of fitness reports, however, the email did not include a decisive course of action, nor did the email reference your contested fitness report.  The Board also noted, that your fitness report is a combat fitness report covering a reporting period of twelve months, and your reviewing officer (RO) concurred with your RS’s evaluation of your performance.  The Board noted, too, your recommendation for a replacement fitness report and determined that your request for an alternate RS is not feasible, the officer did not observe your performance during the reporting period and had no authorization to be included in your reporting chain.  Moreover, the Board found no evidence of a predetermined relative value or that your RS retaliated against you by lower your attribute marks and you provided none.  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 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.