Docket No: 7521-19 
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 that 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 13 October 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, as well as the 30 July 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 30 July 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.   
 
The Board carefully considered your request to remove your fitness report for the reporting period 8 June 2018 to 25 November 2018.  The Board considered your contentions that there were no grounds for your adverse fitness report and your attribute marks were not adverse.  You also contend that your section I comments noted that you received derogatory material, however, the Performance Evaluation System (PES) Manual provides that derogatory material does not automatically constitute derogatory material. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that you were issued an Administrative Remarks (page 11) entry counseling you for violating the   General Order by failing to enforce the prohibition on the consumption of alcohol and for providing false statements.  The Board also noted that the matter of adversity was overruled by your reviewing officer (RO) and was upheld by the Third Officer Sighter (TOS).  The Board determined that your report was correctly rendered adverse based upon your receipt of derogatory material, your unsatisfactory comparative assessment mark, your RO’s disagreement with your recommendation for promotion, and your RO’s disagreement with your attribute mark for Setting the Example.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.  
 
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,