Docket No. 6536-19
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. 
 
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. 
 
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 29 September 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 1 July 2019 advisory opinion (AO) furnished by Headquarters Marine Corps Counseling and Evaluation (MMRP-50), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board noted that your request to modify your fitness report for the reporting period 1 June 2009 to 8 August 2009 was approved by the PERB.  Therefore, the Board only considered your request to remove your failures of selection.  The Board considered your implicit contention that the fitness report made you appear less competitive before promotion selection boards and caused your failures to select. 
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that this erroneous report, once corrected, did not alter the overall assessment of your performance while assigned to the School of Infantry.  The Board thus concluded that the modification to your fitness report did not meet the baseline of significant positive change, and therefore was not a material error warranting relief. 
 
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 attachés 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,