DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9384-19                                                           
Ref: Signature Date 


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 8 December 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 30 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 the fitness report for the reporting period 31 May 2017 to 31 October 2017 from your official military personnel file (OMPF); and if untenable, to change the reviewing officer’s (RO’s) comparative assessment from the ‘3’ block to the ‘4’ block. In addition, you requested that your failures of selection for promotion to the next grade be removed.  You argued that the RO violated the Performance Evaluation System (PES) manual when he dropped your comparative assessment in back-to-back reporting periods.  

The Board, however, agreed with the AO that there was no evidence of error or injustice.  The PES manual does not prevent an RO from reducing the comparative assessment on back-to-back reports and it does not require any specific justification or corresponding documentation.  The Board concurred with the PERB that the contested report is administratively correct and concluded that the report, as written, 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,