Docket No: 9655-19 
Ref: Signature Date 

Dear  
 
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 1 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, as well as the 10 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 10 October 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 remove your fitness report for the reporting period 18 November 2017 to 14 June 2018.  The Board considered your contention that your reviewing officer (RO) used your fitness report as retaliation for requesting mast due to the toxic command climate during the reporting period.  You claim that your reporting senior (RS) informed you that your RO did not concur with your marks and influenced your RS to lower your marks for performance and proficiency. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified.  In this regard, the Board noted that the PERB approved corrections to your fitness report by changing your section H.1 (Fulfillment of Evaluation Responsibilities) mark from “D” to “H”.  The PERB determined that you did not fulfill any evaluation responsibilities, thus the mark “D” was in error.  The Board also noted your 28 January 2018 page 11 entry, but found no mention of it in your fitness report.  The Board found no evidence that your RO used your fitness report to retaliate against or that your RO influenced your RS to change your marks and you provided none.  Accordingly, the Board concluded that there is no probable material error or injustice warranting further 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 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,