Docket No: 8155-19 
Ref: Signature Date 


Dear 
 
 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 15 August 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 16 August 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 remove your fitness report for the reporting period 1 June 2012 to 26 February 2013.  You also request to remove your failures of selection (FOSs) incurred during the Fiscal Year (FY) 2020 and FY 2021 USMC Lieutenant Colonel Promotion Selection Board.  The Board considered your contention that your fitness report was issued after your relief as Company Commander, however, your reporting senior (RS) did not comment on your relief.  You also contend that your RS intentionally marked numerous attribute marks low to negatively affect your career and by not marking your report adverse your RS denied you the opportunity to dispute the report.  You claim that your RS stated that his marks were intended to impact your career and you were not counseled regarding such a drastic decline in performance.   As evidence, you provided an e-mail with a series of questions to another officer. 
 
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 the e-mail you provided, but determined that even if you were relieved of your duties, your RS acted within his discretionary authority to determine that the underlying factors did not rise to the level of an adverse report. The Board found no evidence that your RS intentionally marked your report at the bottom of profile to negatively affect your career and you provided none.  The Board also determined that the Marine Corps Performance Evaluation System (PES) Manual does not require counseling and each report reflects your performance during a discrete period.  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,