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

Docket No: 9979-19 
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 5 January 2021.  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 30 September 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB) and the 16 October 2019 AO furnished by Headquarters Marine Corps (MMRP-50).  The AOs were provided to you on 30 September 2019 and 1 December 2020 respectively, 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 June 2015 to 5 November 2015 or to remove your reviewing officer’s (RO’s) comparative assessment and comments.  You also request to remove your failures of selection (FOS) incurred during the Fiscal Year (FY) 2020 and FY 2021 USMC Major Promotion Selection Boards (PSB).  The Board considered your contentions that your RO’s comments are adverse, specifically, the statements, “MRO accomplishes the tasks expected of him in a satisfactory manner and occasionally exceeds the expectations of his leaders,” “This is my second report on this officer and I am unfulfilled regarding . . .” and “If his potential is ever realized, the squadron and all its Marines would greatly benefit.” You claim that the inappropriate language and unreliable marks had a negative impact on the FY 2020 USMC Major PSB and subsequent boards.    

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 removing your RO statements, “This is my second report on this officer and I am unfulfilled regarding . . .” and “If his potential is ever realized, the squadron and all its Marines would greatly benefit.” The Board determined that your section K.3 (comparative assessment) and remaining section K.4 (reviewing officer comments) are valid and comply with the Marine Corps Performance Evaluation System Manual guidance.  The Board also determined that the PERB’s correction to your record sufficiently addressed your RO’s error. 
Concerning the removal of your FY 2020 and FY 2021 FOSs, the Board substantially concurred with AO that your FOSs should remain.  The Board noted that after the correction to your fitness report, your cumulative relative values and cumulative comparative assessments remained slightly below average, across multiple billets and reporting chains.  Considering the totality of your performance record, the Board determined that the change to your fitness report would not have impacted the promotion board’s decision regarding your selection for promotion.  The Board thus 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,