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

Docket No: 1553-20  
 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 9 March 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. 

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 issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

The Board carefully considered your request to remove your fitness report for the reporting period 1 June 2015 to 28 August 2015 and to remove your failures of selection (FOS) incurred during the Fiscal Year (FY) 2018, FY 2019 and FY 2020 USMC Lieutenant Colonel Promotion Selection Boards. The Board considered your contention that your reporting senior (RS) did not comply with the Marine Corps Performance Evaluation System (PES) Manual requirements for observing a fitness report for reporting period of 89 days or less. You also contend that there are three requirements that a RS must meet, and your RS failed to justify why the exception to policy was being invoked and the circumstances resulting in meaning personal contact. 

The Board, however, substantially concurred with the previous AO and Board’s decision that your fitness report is valid and should be retained as filed. In this regard, the Board noted that your reporting period covered 88 days, just two days short of the minimum reporting period for an observed report. The Board also noted your RS’s comment, “my assessment is based on meaningful, daily observation of the MRO performing in a key artillery billet.” The Board determined that your RS’s statement was sufficient to justify an exception to policy and to observe your fitness report. The Board noted, too, that your reporting official’s comments were favorable, detailed, substantive, and carried over to an addendum page. The Board also determined that the sufficiency of your RS’s comments demonstrated that your RS’s observation resulted from meaningful personal contact, the assessment was fair, and the information provided was significant. Based on the aforementioned determinations, the Board found no basis to remove your FOSs. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 

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, 
3/19/2021