DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 8268-19 
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.

A three-member panel of the Board, sitting in executive session, considered your application on 10 September 2019. 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, a 7 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and applicable statutes, regulations, and policies. The AO was provided to you on 7 August 2018, and you were given 30 days in which to submit a response.  When you did not provide a response, you case was submitted to the Board for consideration.

The Board carefully considered your request to remove the reporting senior (RS) attribute marks and reviewing officer (RO) comparative assessment for your fitness report for the reporting period 19 January 2015 to 30 April 2015. The Board considered your contention that the RS and RO comments were above average, but the grading of the report was well below average.

As part of the review process, the PERB reviewed your request and provided an AO to the Board. The Board substantially concurred with the AO’s opinion that the contested report is administratively and procedurally correct. In this regard, the purpose of Sections I and K-4 is not to justify attribute marks or the comparative assessment. In accordance with the Performance Evaluation System (PES) Manual, there is no scale to match attribute marks to Section I comments, nor is it feasible.  Additionally, at processing the report was the third report written by the RS on a captain, which is the minimum number of reports required to establish a profile.

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,