DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7518-19/9395-19 
Ref: Signature Date 

Dear : 

This letter is in reference to your applications 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 applications have been denied. 

A three-member panel of the Board, sitting in executive session, considered your applications on 16 June 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 applications, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  The Board also considered the enclosed 30 July 2019 and 30 September 2019 advisory opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), as well as your 4 March 2019 rebuttal.
 
The Board carefully considered your request to remove your fitness report for the reporting period 4 March 2014 to 2 April 2015.  The Board considered your contentions that the report was erroneously marked lower than intended by your reporting senior (RS) and your performance did not rate a below average marking, as evidenced by being awarded the Navy and Marine Corps Commendation Medal at the end of the reporting period.  The Board noted that your petition included a favorable endorsement from the report’s RS. 

The Board also carefully considered your request to change the reviewing officer’s (RO’s) comparative assessment from the “5” block to the “6” block for your fitness report for the reporting period 3 April 2015 to 6 May 2016, and your request to remove your failures of selection (FOSs) to the grade of lieutenant colonel.  The Board considered your contentions that the comparative assessment was erroneously marked a “5” instead of a “6” and that your 
performance never amounted to below average performance.  The Board also noted that your request was endorsed by the RO for this report. 

The Board, however, substantially concurred with the 30 July 2019 AO that with respect to the fitness report ending 2 April 2015, the receipt of an end of tour personal award does not imply any reciprocal grading beyond the required Directed Comment.  The Board also noted that pursuant to MCO P1610.7, “[t]he perceived competitiveness of a report’s relative value or comparative assessment mark is not a basis for removing or modifying the report.”   With regard to your RS’s endorsement letter, the Board concurs with the AO in that the RS should have viewed his entire profile to ensure consistency as this report was his eleventh of eleven reports. 

With regard to the fitness report ending on 6 May 2016, the Board substantially concurred with the AO that absent any compelling evidence of error or injustice, more credence should be given to the original RO evaluation than reconsideration after the fact.  The Board noted that the original RO comments were favorable, and performance can be deemed both “above average” and assessed in the ‘5’ block. Furthermore, the Board concurred with the AO that the fact that the RO subsequently increased your comparative assessment on two successive reports has no bearing on the marking assigned to this report, as each fitness report is based on a discrete period of performance. 

The Board was not convinced that the reports are not a fair and accurate assessment of your performance and accomplishments during the reports’ reporting period.  The Board thus concluded that you failed to meet the burden of proof necessary to establish an error or injustice warranting the removal or modification of the fitness reports, and that the reports, shall remain in your record.
 
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 the 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,