Docket No: 2678-20
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.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 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 20 March 2020 Headquarters Marine Corps (MMPR-50) advisory opinion (AO) and the 17 March 2020 AO furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were previously provided to you, and your 29 January 2021 rebuttal to the opinions.  
 
The Board carefully considered your request to modify the fitness reports covering the periods 30 July 2014 to 2 March 2015 and 3 March 2015 to 31 May 2015, to remove all failures of selection for promotion to the next grade, and to be considered for residency at a Top Level School.  You contend the fitness reports are unjust as your reporting senior (RS) was relieved for cause which resulted in the two reports being non-observed without any explanation in your performance record.  You argue that the performance gaps caused your non-selection for promotion.  You included with your petition, a letter from the reports’ reviewing officer (RO) who is now retired.   
 
The Board noted that the PERB modified the contested fitness reports.  For fitness report 30 July 2014 to 2 March 2015 the existing comments in Section K-4 (Reviewing Officer Comments) were removed and the following verbiage was added: “This is a non-observed report due to insufficient observation.  The Commanding Officer, , was relieved for cause during February 2015.  The XO,  assumed RS responsibilities, by my direction.”  For fitness report 3 March 2015 to 31 May 2015 the Section I comments were removed and replaced with the following:  “This is a non-observed report due to insufficient observation.  I reassumed RS reporting responsibilities.  MRO was TAD the majority of this period; serving on the FY 2016 Captain Promotion Board.”  The Board concurred with the PERB that the additional language that you requested to be added is not warranted, as it would essentially modify Section I to a fully observed report even though the RS stated that he did not have sufficient observation of you due to the fact you were serving on a promotion board during the period covered.   
 
The Board further concurred with MMPR-50 that removal of your failures to select to Colonel is not warranted as the administrative changes made to the reports are not significant enough to have altered the promotion board’s decision.  The Board noted that you were a Major during the 30 July 2014 to 2 March 2015 fitness report and the 3 March 2015 to 31 May 2015 report covers only 90 days and is followed by a year-long report in the same billet.    
 
The Board noted there was insufficient evidence regarding your contention for residency at a Top Level school.  Consequently, the Board determined that the fitness reports are valid as modified and your failures to select for Colonel as well as Top Level School residency shall remain. 
 
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,