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 reports for the reporting period 23 June 2016 to 31 December 2016 and 1 January 2017 to 6 May 2017 from your official military personnel file (OMPF).  The Board considered your contention that the contested fitness reports violated the Performance Evaluation System (PES) manual in that the reviewing officer (RO) marked you in the ‘5’ block in the preceding two fitness reports but then marked you in the ‘4’ block in the contested reports despite these last two reports having the same or better comments.” 
 
The Board concurred with the AO that the PES Manual does not preclude an RO from changing the comparative assessment on back-to-back reports, nor does it require any specific justification or documentation for doing so.  The Board determined that the contested reports are administratively correct and concluded that the reports 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,