DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SEP 25 2018 This is in reference to your application for correction of your naval record pursuant to the provisions of Title I 0, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found 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 for Correction of Naval Records, sitting in executive session, considered your application on 27 June 2018. 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. The advisory opinion (AO) provided in the enclosed Headquarters, Marine Corps memorandum was sent to you for an opportunity to comment prior to being considered by the Board. After the period for comment expired without a response, the case was presented to the Board. The Board carefully considered your desire to remove your fitness report (FITREP) for the reporting period 31 August 2013 to 1 June 2014 from your official military personnel file (OMPF), removal of your failure of selection (FOS) incurred by the [FYI 8] Lieutenant Colonel Promotion Selection Board and to be considered as an officer who has not failed selection for promotion to Lieutenant Colonel. The Board also considered your request for termination of any and all processes for mandatory separation as a result of your second FOS. The Board considered your contentions, with explanation that ( 1) the FITREP presents a competitive concern to the record that may have contributed to your failure of selection for promotion; (2) the Reporting Senior (RS) lacked the professional objectivity necessary to complete a credible and accurate recording of your performance; and (3) the RS' s lack of consistency clearly demonstrates the existence of inaccuracies. The Board substantially concurred with the AO. Specifically, the FITREP is administratively and procedurally correct as written and filed. Additionally, per the Performance Evaluation System (PES), Commanding Generals (CG) may modify the reporting chain for as long as necessary when unusual operational or command relationship situations exist. The removal of the original RS from the reporting chain was within the CG's authority. Further, the Reviewing Officer (RO) must assume the RS responsibilities upon death, incapacitation, or relief for cause of an RS. As such, the RS met the intent of the PES by assuming the duties of RS when the original RS was removed from the reporting chain by the CG. The Board concluded you did not sufficiently substantiate the existence of an error or injustice warranting the removal of the contested FITREP from your OMPF or removal of the FOS you incurred by the FYI 8 Lieutenant Colonel Promotion Selection Board. With regard to your request concerning mandatory separation, mandatory separation is a matter of law and not within the Board's purview. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director