Docket No: 8406-19 
 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 3 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, 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).  The AO was provided to you on 29 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 2 December 2017 to 30 June 2018 or alternatively, you request to modify your fitness report by changing your report to be not observed.  The Board considered your contentions that your fitness report was used as a personal attack on your career and was submitted late to prevent you from having an opportunity to address your report before the convening of the Marine Corps’ E-8 promotion board.  You claim that you did not see eye to eye with your reviewing officer (RO), your RO did not like being told that her decisions did not make sense or you informing the battalion commander that her plans did not work.  You also claim that your commanding officer and RO said you that you were doing a great job and your executive officer told you that your RO was going to concur with your reporting senior (RS).  You argue that the attribute marks of your previous reports were marked higher. 
 
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 RO did not concur with your attribute marks of “E” for Courage, Leading Subordinates, Developing Subordinates, Ensuring the Well-Being of Subordinates, and Decision Making Ability.  The Board also noted that the Marine Corps Performance Evaluation System (PES) Manual provides that the RO will provide amplifying comments, justification, and recommended changes.  The Board determined your RO acted in accordance with PES Manual policy related to RO responsibilities and actions related to non-concurrence of your evaluation.  They also determined that a personality conflict between you and your RO is not a basis for removal or the modification of your report.  Further, the Board found no evidence that your RO acted in a malicious manner or that your report was intentionally submitted late and you provided none.  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,