Docket No: 7538-19 
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 modify your fitness report for the reporting period 29 March 2010 to 21 June 2010 by changing Section K.1 (Observation) to “Insufficient” and removing your comparative assessment mark and to remove your failure of selection FOS) incurred during the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board.  Alternatively, you request to remove your contested fitness report.  The Board considered your contention that your reviewing officer’s (RO’s) evaluation was not an accurate assessment of your potential.  As evidence, you provided correspondence from your RO to the promotion board noting that his large captain profile does not accurately reflect your potential. 
 
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 your RO’s correspondence to the promotion board and determined his letter is not tantamount to an endorsement to modify your fitness report.  Accordingly, the Board found your evidence insufficient to conclude that your comparative assessment mark is in error.  Based on the foregoing, the Board found no basis to justify the removal of your FY 2020 FOS.  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,