Docket No 1842-21
 
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 21 May 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 9 March 2021 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision) and the 27 January 2021 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30)(the AO).  The PERB Decision and the AO were provided to you on 9 March 2021, and you were given 30 days in which to submit a response.   
 
The Board carefully considered your request to modify the fitness report for the reporting period 16 May 2011 to 22 June 2012 by changing the Reviewing Officer (RO) comparative assessment from the “5” block to the “6” block.  The Board considered your contention the RO inadvertently and incorrectly marked you in the “5” block which was not consistent with the RO’s assessment or profile.  The Board also considered the RO’s request to have the comparative assessment changed from a “5” to a “6” because his mark was inconsistent with his assessment of your future potential compared against your peers.   
 
The Board, however, substantially concurred with the AO.  The Board noted there is no “scale” to “match” the RO comments and comparative assessment markings.  While noting the RO comments were highly favorable, the Board concurred that they were not necessarily exceptional and further determined the RO’s comparative assessment was consistent with his previous assessment of you.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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, 
6/14/2021
Executive Director