Docket No: 3594-20
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 2 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.  The Board also considered the 4 May 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove the fitness report covering the period from 11 November 2016 to 4 April 2017, but noted the dates of the reporting period are 1 November 2016 to 4 April 2017.  The Board considered your contention the markings received from the Reviewing Officer (RO) are inconsistent with the comments received from both the RO and Reporting Senior.  The Board also considered your contention that because you were transitioning from one Military Occupational Specialty (MOS) to your current primary MOS,  your fitness report should have been “not observed” because the Performance Evaluation System Manual states a fitness report received prior to assignment of a primary MOS should be “not observed” unless sufficient observation time warrants an observed report. 
  
The Board, however, substantially concurred with the AO.  In this regard, the Board, noting you did not submit any supporting evidence, concluded there is no scale to “match” the attribute markings with the section I comments or to “match” comments with the RO comparative assessment.  The Board also noted you had been assigned a primary MOS of 7563 but due to a request to terminate your duties involving flight status, were awaiting a lateral move to a new primary MOS.  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,