Docket No: 7554-19
Ref: Signature Date
 
 
Dear   
 
This letter is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 panel members 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 the 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 1 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 to this AO, you did not do so.      
 
The Board carefully considered your request to change your reviewing officer’s (RO’s) comparative assessment from the ‘4’ block to the ‘6’ block for your fitness report for the reporting period 23 June 2000 to 8 June 2001.  The Board noted that your petition included a favorable endorsement from the report’s RO, who is no longer on active duty.   
 
The Board, however, agreed with the AO that there was no evidence of error or injustice and that more credence should be given to the RO’s original evaluation than to his reconsideration well after the fact.  The Board concurred with the PERB that the contested report is administratively correct and concluded that the report should remain as written in your Official Military Personnel File. 
 
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,