Docket No: 3605-20 
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 20 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 4 May 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 4 May 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 remove your fitness report for the reporting period 1 June 2018 to 31 May 2019.  The Board considered your contentions that your reporting chain was modified, you were not aware of the change, your designated reporting senior (RS) was not the first commissioned officer in your reporting chain, he was not directly responsible for your daily tasking and supervision, nor was he in the best position to observe your performance and character according to the Marine Corps Performance Evaluation System (PES) Manual.  You also contend that the Planning Order provides that the shall fall directly under the cyber component’s   You claim that your previous report was observed by the  and your contested report was observed by the   As evidence, you furnished the  revised organizational chart.  
 
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 you previously reported to the Operations Officer and you were subsequently directed to report to the Future Operations Officer, while your former RS assumed the role as your RO.  The Board also noted that the PES Manual permits Commanding Generals to modify the reporting chain and your reporting chain remained under the purview of the   The Board determined that the modification of your reporting chain did not violate the PES Manual or Planning Order.  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, 
4/27/2021
Executive Director