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 5 July 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 change the reviewing officer’s (RO’s) comparative assessment from the ‘4’ block to the ‘5’ block for your fitness reports covering the periods 1 June 2014 to 20 November 2014 and 21 November 2014 to 29 April 2015.  The Board noted that your petition included a favorable endorsement from the reports’ RO.  The Board also considered your request to remove your failures of selection (FOSs) to the grade of major. 
 
The Board agreed with the AO that there was no evidence of error or injustice, that more credence should be given to the original RO evaluation than reconsideration after the fact, and that there was no evidence that your performance warranted a higher marking.  The Board concurred with the PERB that the contested reports are administratively correct and concluded that the reports shall remain in your Official Military Personnel File (OMPF). 
 
With regard to your request to remove your FOSs, the Board determined that, because no changes were made to your two contested fitness reports, removal of your FOSs is also unwarranted. 

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.   
 
 Sincerely,