Docket No. 6785-19
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 22 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 27 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 report for the reporting period 16 June 2016 to 31 May 2017.  The Board considered your contention that your reviewing officer (RO) marked you lower in his comparative assessment on this report than he did on a preceding report.  You also contend that you may have been marked lower on this report because of a conflict of character and because you did not extend on , as your RO had requested.   You also assert that your RO was relieved of command for command climate issues a few months after you departed the unit, and that you did not receive a mid-term review or debrief from your RO during the reporting period. 
 
The Board, however, substantially concurred with the AO.  The Board also determined that you failed to provide any evidence that you warranted a higher comparative assessment mark than you received on the contested fitness report.  The Board determined that this report is deemed valid as written, and your evidence did not prove otherwise. 
 
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,