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

Docket No: 9936-19 
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, as well as the 15 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 15 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 1 August 2016 to 30 June 2017.  The Board considered your contention that your section I comments do not match your attribute marks or relative value. You also contend that your reporting officials changed your attribute marks on the day of your relief for lack of trust and confidence.  You also contend that you were not counseled when your report was completed and submitted.  You assert that you were relieved on 25 July 2017, the same date that your reporting senior (RS) signed and submitted your report and your reviewing officer (RO) signed the report 97 days later.  You also assert that your company commander relieved you because you failed to inform him that you “volunteered” to lead the corporal’s course, and during the reporting period you were going through a divorce and child custody battle and did not receive any command support. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that the Marine Corps Performance Evaluation System (PES) Manual does not provide a scale to match section I comments with attribute marks or relative values.  The Board also noted that the PES Manual does not mandate counseling and determined that a lack of counseling is not a basis to remove your contested fitness report.  Additionally, the Board found no evidence that your reporting officials’ evaluation of your performance was changed or influenced by your relief or your divorce complications and you provided none.  Accordingly, the Board concluded that there is no probable material error or injustice warranting 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,