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.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  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) and your rebuttal dated 28 October 2019. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 June 2013 to 1 October 2013 from your Official Military Personnel File (OMPF) or to correct your cumulative relative value (RV) from 80.00 to 90.00.  The Board considered your contention that your reporting senior (RS) and reviewing officer (RO) intended you to have a cumulative RV of 90.00, but due to the fact they did not write on any other majors prior to the Fiscal Year (FY) 19 and FY20 promotion boards, your cumulative RV was 80.00.  You argue that the contested report will negatively impact your ability to promote.  
 
The Board concurred with the AO that per the Performance Evaluation System (PES) manual the PERB is not empowered to adjust a relative value nor a Master Brief Sheet.  Moreover, the Board noted that the RS stated in his letter to the FY20 Lieutenant Colonel Promotion Selection Board that he stands by the markings and Section I comments made on your fitness report.  The Board concurred with the PERB that the contested report is administratively correct and valid as written and concluded that the 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, 
  
1/17/2021
Deputy Director