Docket No: 6784-19 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 1 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, as well as the 27 June 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 27 June 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 1 September 2015 to 16 May 2016. The Board considered your contentions that you received low attribute marks and a low relative value of 80.00 percent without being counseled. You claim that your performance was evaluated by a strained working relationship with your reporting senior (RS) and not by your contributions to the squadron’s maintenance department. As evidence, you provided an email from your RS stating that he would entertain a bump to 4.15 from 3.71, but you would have to justify the increase for each mark. 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 you received attribute marks of “C” and “D”. The Board determined that Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual does not require counseling for attribute marks or comments that not adverse. The Board also determined that a fitness report is not considered unjust solely because the relative value and/or comparative assessment marks are rated lower than other reports. The Board also noted your RS’s e-mail and determined that his e-mail was not an endorsement to remove or modify your contested report. Moreover, the Board found no evidence that your performance rated higher marks than you received or that your performance was evaluated by a strained working relationship 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. Sincerely,