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 12 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 17 March 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board. 
 
The Board carefully considered your request to modify the fitness report covering the period from 1 May 2008 to 1 August 2008 by changing it to a “non-observed (NOB)” report.  The Board considered your contention that, because you took leave during the reporting period, the period of observation was less than 90 days so the report should have been NOB or, if observed, justification should have been provided in section I for why an exception to policy was invoked.  The Board noted your contented leave period was “20080517 to 20080523” and further noted the leave summary you submitted did not show you took leave in May 2008 but did show leave dates from 17 June 2008 to 23 June 2008.  Since the June 2008 leave dates were the only leave dates within the reporting period, the Board assumed you were referring to the June leave dates and noted you took seven days of leave.  The Board, however, substantially concurred with the AO.  In this regard, the Board noted MCO P1610.7F, the version of the Performance Evaluation Manual at the time of your fitness report, defines periods of non-availability as “30 or more consecutive days when either the MRO or the RS was not physically present to perform his duties at the reporting command.”  The Board determined your contended seven-day leave period did not constitute a non-availability period per the governing guidance so the Reporting Senior was required to submit an observed fitness report for the 1 May 2008 to 1 August 2008 reporting period.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,