Docket No: 6112-19 
 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 18 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 your fitness report for the reporting period 15 June 2017 to 31 May 2018.  The Board considered your contention that your section I comments, “MRO is ready for the rank of Major based on his performance. . .” and “Prepared and overdue for promotion. . .” are not comments reflective of the low relative and cumulative value of your contested fitness report.  You also contend that you were never counseled or given the opportunity to improve your numerical grade.  You assert that you did not receive a negative counseling or adverse material, your report was a contributing factor to your non-selection during the Fiscal Year (FY) 2020 USMC Major Promotion Selection Board, and a relative value of 80.00 percent would not have warranted a Navy and Marine Corps Commendation medal for performance.  As evidence you provided letters of recommendation to the FY 2020 USMC Major Promotion Selection Board.  
 
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 your attribute marks were “Cs” and “Ds” and your reporting official comments are not adverse.  The Board also noted that your letters of recommendation to the promotion board imply that your lack of Professional Military Education contributed to your failure of selection.  The Board determined that Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual does not require counseling and the lack of formal counseling prior to the processing of your fitness reports does not invalidate your fitness report.  The Board also determined that there no scale to match attribute marks with section I comments and the perceived competitiveness of a reports relative value or comparative assessment is not grounds to remove your report.  Moreover, the Board determine that a personal award does not necessarily equate to a preconceived reports’ relative value or comparative assessment.  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.   
 
                                                                              
Sincerely,