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

Docket No: 9702-19 
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 15 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 3 June 2017 to 14 March 2018.  The Board considered your contention that your platoon commander never provided you with an initial or post counseling.  You also contend that your reviewing officer (RO) did not have a sufficient time to provide a fair and honest evaluation of your performance and your RO directed your reporting senior (RS) to change your billet assignment from platoon commander to platoon sergeant.  You claim that you assumed the billet as platoon commander after your RS moved to act as the company executive officer.  As evidence, you furnished correspondence from your reporting officials. 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 record by changing your section K.1 (Observation) mark to ‘Insufficient’ instead of ‘Sufficient’ and by removing all marks in sections K.2, K.3 and your RO section K.4 
comments.  

The Board also noted that the Marine Corps Performance Evaluation System Manual does not mandate counseling and determined that a lack of counseling is not a basis to remove your contested fitness report.  The Board determined that the PERB corrective action sufficiently addressed your contentions regarding your RO and found no basis to remove your fitness report.  Accordingly, the Board concluded that there is no probable material error or injustice warranting further corrective action.
  
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,