Docket No: 8786-19
Ref: Signature Date

          
Dear  :  

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 17 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.  The Board also considered the 13 September 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was 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 report for the reporting period 1 July 2017 to 31 July 2018 from your official military personnel file (OMPF).  The Board considered your contention that the contested fitness report is administratively incorrect because the promotion comment regarding First Sergeant is inaccurate as that rank is not available in the Active Reserve program in your Military Occupational Specialty (MOS), your Good Conduct Award is not listed, and your attributes are unjustly marked low resulting in you being at the bottom of your reporting senior’s (RS) profile. 
 
The Board noted that the PERB modified the contested fitness report by removing verbiage in Section I: “ is best qualified to fill the rank and billet of First Sergeant.”  The Board determined that, with these corrections, removal of the report is not warranted as the Good Conduct Medal is not considered commendatory and the other contentions you state in your petition were not errors per the Performance Evaluation System (PES) manual.  The Board concurred with the PERB that the contested report, as modified is administratively correct and concluded that the modified report shall remain in your OMPF. 
 
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,