DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
              
Docket No: 6727-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 13 August 2019.  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 Board also considered the enclosed 12 July 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.       
 
The Board carefully considered your request to modify your fitness report for the reporting period 30 December 2010 to 25 March 2011.  The Board considered your contentions that your  reporting senior (RS) did not have a first lieutenant profile and you were unaware at the time of processing, until the RS finally had a profile for first lieutenants, that the report’s relative value (RV) would be 80.00.  You also contend that you were not counseled on the report, and that your RS did not have sufficient observation time, did not provide a fair assessment, and violated the Marine Corps Performance Evaluation System (PES) Manual by not providing the required explanation for writing an observed fitness report with an observation period less than 90 days. 
 
You also argue that that the strong comments from both your RS and reviewing officer (RO) misled you into thinking it was a good report, but its mediocrity adversely affected your chances of selection for promotion.  Finally, you assert that the duty you were assigned to was intended to provide an educational/training experience and you had just completed school for your military occupational specialty two months earlier.   
 
The Board noted that you were filling a role within a   inspection team during the reporting period.  The Board also noted that in accordance with the PES Manual, “due to the significance of temporary duty assignments, the RS must submit an observed report, unless the temporary assignment is an academic environment and an observed evaluation is not feasible.”  The Board, therefore, concurred with the AO that the criteria for an observed FD (from temporary duty) report was met.  With regard to your contention that the lack of a profile failed to project the report’s future RV, regardless of the perceived value of the RS and RO comments, your contention is not a basis for modification of the report.  The Board also determined that a lack of counseling and the lack of required explanation for writing an observed fitness report with a less than 90 day observation period does not invalidate the report.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.