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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 15 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.  The Board also considered the 15 August 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 modify your fitness reports for the reporting periods 1 July 2013 to 24 August 2013 and 25 August 2013 to 31 May 2014, and to remove all failures of selection to lieutenant colonel.  The Board considered your contention that your reviewing officer (RO) did not meet consistent comparative assessment reporting requirements as outlined in the Performance Evaluation System (PES) Manual, resulting in a perceived reduction in your performance.  
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that your contention does not pertain to your report ending 24 August 2013 because your RO marked his observation as “Insufficient” and it was therefore not subject to a comparative assessment marking.  In addition, the Board determined that for the report ending 31 May 2014, you were serving in a different duty assignment than your preceding reports, and that PES Manual guidance did not preclude your RO from deviating from a previously assigned comparative assessment.  The Board thus concluded that the reports are deemed valid as written, and removal of your failure of selection is not warranted. 
 
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 attachés 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,