Docket No: 2213-20 
 Ref: Signature Date 


 
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 13 April 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 26 February 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 26 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 24 May 2011 to 2 September 2011 by changing your report to be not observed.  The Board considered your contentions that your observed report time was less than 90 days based upon your availability and the availability of your reporting senior (RS).  You claim that you were temporarily assigned away from your command during the following dates: 23 May 2011 to 1 June 2011, 29 July 2011 to 1 August 2011, and 25 August 2011 to 28 August 2011.  You also claim that your RS was on leave during the following dates: 1 July 2011 to 11 July 2011 and 5 August 2011 to 7 August 2011.  As evidence, you furnished your travel vouchers and your RS’s leave summary.  
 
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 the Marine Corps Performance Evaluation System (PES) Manual provides that periods of non-availability are 30 or more consecutive days when either the Marine Reported On (MRO) or the RS are not physically present to perform his or her duties as the reporting command or organization.  The Board also noted that your combined absences equate to 31 days, however, the Board determined that your combined absences were not consecutive and do not constitute periods of non-availability.  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,