Docket No. 6908-19 
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 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 opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were 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 22 June 2018 9 October 2018.  The Board considered your contention that your reporting senior (RS) requested a change to his markings in order to put the fitness report average above 93.34 and move you into his top one-third of master sergeants reported.  The Board noted that the report currently has an average of 92.78, putting you in the reporting senior’s two-thirds of master sergeants reported on.   
 
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, but that you and your RS contends that the report needs to be artificially modified in order to facilitate a mathematical solution to further attain an arbitrary quotient to align with an RS section I comment.   
 
 
The Board noted that the PERB modified the report by removing Section I (Directed and Additional Comments) verbiage:  is in the top 1/3 of MSgt’s I have reported on.” The Board thus determined that this report, as modified by the PERB is deemed valid. 
 
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,