Docket No: 7040-19
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 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 remove your fitness report for the reporting period 1 July 2016 to 30 September 2016.  The Board considered your contention that your fitness report was excessively late, that your reporting senior (RS) did not accurately assess your performance, and that the RS assessment and Section I comments were not in line with the reviewing officer (RO) assessment or previous fitness reports.  
 
The Board concurred with the AO that your RS was not precluded from assigning lower attribute marks on a successive report, nor was he required to provide any justification.  The Board also noted that none of the markings are adverse so no formal counseling was required per the Performance Evaluation System Manual and that a late submission does not invalidate the report.  In addition, the Board noted that your RO concurred with the RS’s evaluation.  Consequently, the Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
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,