Dear  
 
This 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 27 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 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 the15 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 report for the reporting period 17 December 2016 to 24 July 2017.  The Board considered your contention that the fitness report does not accurately reflect your performance during the reporting period.  You argue that your reporting senior (RS) marked you with a low relative value while writing laudatory comments in Section I.  Specifically you stated that your RS violated Performance Evaluation System (PES) Manual guidance that cautions that the RS “Should avoid the temptation to intentionally mark attributes in a manner that ensures the report will be at the bottom of their profile, while simultaneously writing laudatory comments in section I…” 
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  In this regard, the Board agreed with the AO that there was no evidence that your performance and conduct warranted higher markings, and that your marks were not adverse.  The Board concurred with the PERB that the contested report is administratively and procedurally correct and concluded that it shall remain in your OMPF. 
 
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,