DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7001-18 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. A three-member panel of the Board, sitting in executive session, considered your application on 30 July 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, the enclosed 12 July 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, a copy of which was previously sent to you, and applicable statutes, regulations, and policies. The Board carefully considered your request to remove your fitness report for the reporting period 27 October 2016 to 23 January 2017. The Board considered your contentions that the observation period was less than 90 days, the reporting period fell during the holiday period, and the report’s attribute mark average does not match the Section I comments, unnecessarily bringing down your overall average. The Board, however, substantially concurred with AO that the contested report is administratively and procedurally correct. The Board noted that, although the observation period was less than 90 days, your reporting senior (RS) included the required Section I directed comment statement to invoke the exception to policy. In accordance with the Performance Evaluation System (PES) Manual, reporting seniors (RS) may submit an observed report if, in their judgment, the period of observation was meaningful and provides a fair assessment of the Marine Reported On’s (MRO) performance. The Board determined that your RS was therefore authorized to submit the observed report. Regarding your contention that the reporting period fell during the holiday period, the Board determined that only periods of 30 of more combined consecutive days when the MRO or the RS was not available to perform his or her duties count when determining minimum observation time. Therefore, the holiday period is not applicable in this case. Regarding your contention that your RS’s Section I comments do not match the attribute mark average of the report, the Board determined that, in accordance with the PES Manual, there is no scale to match attribute marks against Section I comments. Additionally, dissatisfaction with a report’s relative value or the comparative assessment is not a basis for removing or modifying the report. The Board thus concluded that the contested report does not constitute probable material error or injustice, and that, therefore, corrective action is not warranted. 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.