Docket No: 9391-19 
Ref: Signature Date 


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 28 April 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 enclosed 30 September 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 30 September 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 modify your fitness report for the reporting period 4 March 2014 to 30 June 2014 to be not-observed and to remove your Fiscal Year (FY) 2020 failure of selection. Alternatively, you request removal of your contested fitness report.  The Board considered your contention that your reporting senior (RS) evaluated your performance on your brief time as a major, instead of evaluating your performance against the Performance Anchored Ratings.  You assert that your Section I comments, “First report as a Major”and “This report, at processing, falls at the low end of my profile due only to timing and not due to any shortcomings in. . .  performance” are evidence of your contention.  You also contend that the RS marks were inconsistent with his previous evaluation of you, where you earned his highest rating as a captain in the same billet. 

The Board, however, substantially concurred with the PERB that your fitness report is valid and shall be retained as filed. In this regard, the Board concurred with the AO that your RS’s comments were acceptable.  The Board determined that the RS comments provided context to his marking philosophy and profile, and providing a more complete picture of your professional character, performance, and potential not readily apparent from your attribute marks and relative value.  The Board noted that your previous report was based upon your performance as a senior captain, to that end, each reporting period is based upon unique factors.  Accordingly, the Board found no evidence that your RS did not accurately assess your performance as a major during the reporting period and you provided none.  Therefore, the Board found no basis to remove your failure of selection and 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 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. 



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