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 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 5 November 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 29 August 2019 advisory opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were 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 remove your fitness reports for the reporting periods 1 January 2018 to 6 February 2018 and 29 March 2018 to 28 June 2018.  With regard to your report ending 6 February 2018, the Board considered your contention that your reporting senior (RS) used the report as a counseling tool, that he acted with bias against you, and that he failed to identify the circumstances resulting in meaningful personal contact, all in violation of the Performance Evaluation System (PES) guidelines.  With regard to your report ending 28 June 2018, the Board considered your contentions that your same RS submitted near-verbatim Section I comments as his preceding report, and that this further demonstrates that he did not provide a fair and unbiased evaluation of you for this reporting period. 
 
The Board, however, substantially concurred with the AOs.  In this regard, the Board determined that you failed to provide any evidence that your RS used the reports as a counseling tool, noting that your RS was not required to provide you with formal counseling reports devoid of grades or comments constituting substandard performance.  Next, since your report ending 6 February 2018 was processed prior to the updated PES Manual guidance set forth in MCO 1610.7A requiring additional RS justification for observed reports under the established minimum requirements, your RS’s Directed Comment served as sufficient justification to process an observed report.  Lastly, the Board noted that you did not provide any evidence that your RS neglected to provide a fair assessment of your performance, and that your reviewing officer concurred with both evaluations. 
 
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 the 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,