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

Docket No: 6739-18 
 Ref: Signature Date 
 
Dear : 
 
This letter 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 that 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, 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, a 31 July 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and applicable statutes, regulations, and policies.  The AO was provided to you on 31 July 2018, 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 the fitness report for the reporting period 8 September 2005 to 31 October 2005.  The Board considered your contention that contested report is less than 89 days and violates the Performance Evaluation System (PES) manual. 
 
As part of the review process, the PERB reviewed your request and provided the AO to the Board.  The Board substantially concurred with the AO’s determination that the contested report is administratively and procedurally correct.  In this regard, in accordance with the PES manual, a reporting senior (RS) may submit an observed report if, in their judgement, the period of observation was meaningful and provides a fair assessment of the Marine’s performance.  The Board determined that, based upon the extensive list of Billet Accomplishment and significant comments by the RS, the RS felt justified in rendering the report observed in spite of the short observation period.  Regarding your contention that the RS omitted a directed comment to explain why the report was observed, at the time the report was written there was no requirement 
for the RS to provide a comment justifying why the report was observed when the reporting period was less than 90 days.  Accordingly, the Board concluded that the contested report is neither in error or unjust, and will remain unchanged in your record. 
 
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 the 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.