Docket No: 8128-19 
 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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 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 16 August 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB) and your response.   
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 July 2017 to 5 January 2018.  The Board considered your contentions that you did not receive advanced notice, counseling, or any indication that you were not meeting expectations or that your fitness report would be adverse and the adverse nature of your report violates the spirit and intent of the Marine Corps Performance Evaluation System (PES) Manual because fitness reports should not serve as a “communication to” or “counseling document for the Marine.”  You also contend that the language in your fitness report is contradictory and your report was not reviewed by a Third Officer.  You claim that you were praised for your ability to rise above your many personal challenges, your Commanding General (CG) informed you that the change of duty was to help you cope with your personal challenges, you never received official notification regarding your change of duty, and only after discussion with more senior General Officers your CG was informed that you should expect an adverse report.   
 
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 your report was rendered adverse due to your relief for failing to meet the requirements of your rank and position, your personal challenges affected your professional performance and diminished your effectiveness, thus necessitating your assignment to a billet more suitable to your current capacity.  The Board determined that the PES Manual does not require formal counseling or notification for a relief or change of duties.  The Board found no evidence that your CG violated regulations by determining that your report was adverse, further, although your report was adverse your CG was not prohibited from commenting on the positive aspects of your performance during the reporting period.  The Board also determined that since your reviewing officer (RO) was a General Officer, Third Officer review is not required.  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,