Docket No: 8336-19 
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 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 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 29 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 October 2016 to 30 June 2017 or to modify your report by changing your attribute marks for Performance and Proficiency from “D” to “E” or “F” and to change the comparative assessment mark from block “3” to block “7”.  The Board considered your contentions that your section K.4 (reviewing officer (RO) comments) contained inaccurate information and that your reporting senior (RS) gamed your fitness report.  You also contend that your performance, awards, and the fact that you were the only Master Sergeant (MSgt) serving in two critical billets is indicative of an “F” marking.  You claim that your report was designed to ensure that you would never get promoted again.  You also argue that your fitness report was reprisal based upon your Marine Corps Inspector General (IGMC) complaint alleging abuse of authority, retaliation and reprisal and your Request Mast that highlighted unethical behavior by your chain of command. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified.  In this regard, the Board noted that the PERB approved corrections to your record by removing your section K.4 RO statements, “…knows the business of recruiting and continues to mature into his present rank (young MSgt; 2x prior meritorious promote on Recruiting Duty)” and “Technical knowledge/skill is there; overall professional maturity is catching up.”  The Board also noted your supplemental statement, however, the Board found your evidence insufficient to conclude that your performance warranted higher marks than you received.  Further, the Board found no evidence of reprisal by your reporting officials or that your RS gamed your report.  The Board thus concluded that there is no probable material error or injustice warranting further 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,