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 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 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 your fitness report for the reporting period 18 March 2017 to 5 July 2017.  The Board considered your contention that the report was subjectively graded and not in compliance with the Performance Evaluation System (PES) Manual.  You assert that Section I (Directed Comments) does not reflect your graded attributes from Section D through Section H, the Section I comments are ambiguous, that markings reflect a below average Marine, although your reporting officials’ comments paint the word picture of an average Marine.  You also contend that the report should have been “Not Observed” due to insufficient observation and that you never received an initial counseling from your reporting senior.   
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that you failed to provide any evidence that your performance or conduct warranted higher marks than you received for your fitness report, and that none of your reporting senior’s comments are inappropriate.  In addition, the Board determined that the report period covered constitutes more than 90 days and lacks any periods of non-availability.  With regard to your contention that you never received an initial counseling, even assuming this contention has merit, it does not invalidate the report as relief is generally not granted on basis of an alleged absence of counseling, as counsel takes many forms.  The Board thus concluded that this report is deemed valid as written. 
 
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,