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

Docket No: 1656-20  

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, as well as the 10 February 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 10 February 2020, 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 modify your fitness report for the reporting period 22 March 2017 to 9 June 2017 by changing your fitness report to be not observed. The Board considered your contention that your reporting officials did not have meaningful personal contact with you during the reporting period. Specifically, you did not work side by side with your reporting officials, your working hours did not significantly increase during the reporting period, you were not deployed, and there were no major field exercises. You also contend that your reporting senior (RS) did not explain how he had meaningful personal contact to observe your performance during the reporting period. You claim that your working hours decreased because you were checking out of the unit. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed. In this regard, the Board noted that your section I statement, “This report is observed despite being under 90 days due to MRO not having observation time in grade.” The Board also noted that your RS was the same RS for your previous fitness report that was not observed. The Board determined that based upon the totality of your RS’s observation, the statement was sufficient to invoke the exception to policy. The Board also determined that your reliance upon the 2018 edition of the Marine Corps Performance Evaluation System (PES) Manual was misguided, Marine Corps Order (MCO) 1610.7A was effective after the processing of your fitness report. Additionally, the criteria for invoking the exception to policy was not as comprehensive and MCO 1610.7 (the applicable PES Manual version) discouraged consecutive not observed reports from the same RS. 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, 
3/22/2021 

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