Docket No: 6811-19 
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 25 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 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 August 2017 to 13 February 2018.  The Board considered your contentions that your fitness report is a “room to grow” report, it is a copy and paste of another Marine’s fitness report, and your report is filled with velvet daggers.  Specifically, you noted your reporting senior’s (RS’s) statements that you “possess basic skills”, you have “the ability to evolve into a seasoned administrator”, and you could only “execute basic duties”.  You also contend that you were not counseled prior to the processing of your report and your evaluation was biased and weighted with subjective accounts of minor clerical errors and perceptions of your irritability.  You claim that your reviewing officer (RO) comments are completely different from your RS and describe you as an excellent Marine and administrator.  As evidence, you provided a chronology of events. 
 
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 section I comments are similar to another Marines, however, the Board determined that this is not uncommon or prohibited by Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual when assessing Marines of the same grade, performing similar duties and responsibilities in the same section.  The Board also noted your section I comments: “. . . is a performer that possess the basic skills and functions required of an Administrative Clerk”, “. . . has shown the ability to execute basic duties assigned to him and has the potential to excel” and “. . . has the ability to evolve into a seasoned administrator”.  The Board determined that your RS’s comments are not velvet daggers, the comments describe your performance and conduct as adequate, and your attribute marks reflect your RS’s comments.  The noted, too, that you spoke with your RS on numerous occasions in the past to discuss your irritation and frustrations with your shop, your leadership, and the district as a whole.  The Board also determined that counseling takes many forms and the PES Manual does not require RSs to counsel Marines before submitting fitness reports, nor does it require your reporting officials’ assessment of you to match. Moreover, the Board found no evidence that your RS was bias or based upon subjective accounts of minor clerical error.  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.