DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
 
Docket No: 1554-20
 
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.  The Board also considered the 10 February 2020 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 the fitness report covering the period 1 July 2018 to 9 October 2018.  You argue that the report is erroneous and should have been marked ‘not observed’ as the reporting senior (RS) was unavailable for 15 days during the reporting period; thereby not meeting the 90 day threshold for an observed report in accordance with the Performance Evaluation System (PES) Manual.  You included with your petition a letter from the RS of the fitness report endorsing your request. 
 
The Board noted that the PES Manual states non-availability occurs when the RS is not available to perform their duty for 30 or more consecutive days.  The Board concurred with the AO that the RS’s documented absence of 15 days does not meet the 30-day requirement to make the fitness report non-observed.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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,