Docket No. 6820-19
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 remove or modify your fitness report for the reporting period 12 July 2018 to 7 January 2019.  The Board considered your contentions that Section I is in error because the “Mandatory comments” were omitted, and because your reporting senior’s (RS’s) attribute marks are in conflict with his Section I comments. 
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that Performance Evaluation System (PES) Manual guidance is intended for overarching administrative and format consistency, but strict conformity with the specified order of comments is not as important as the validity and purposefulness of the included and relevant comments.  The Board also determined that mandatory comments were not omitted, rather, the combined content of your reporting official’s mandatory comments adhere to the spirit and intent of the PES.  Additionally, there is no overt evidence to suggest your reporting chain intentionally or maliciously manipulated attribute markings, and that the associated comments are not laudatory. 
 
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,