Docket No: 3618-20
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 9 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 1 June 2017 to 29 June 2018.  The Board considered your contention the fitness report was in error because, according to the supporting documentation you provided, the lineal listing showed the Reviewing Officer (RO) was junior to the Reporting Senior (RS) which is not allowed by the Performance Evaluation System (PES) Manuel.  You further contend the “administrative failures, inattention to detail, failure to meet a reasonable submission timeline, and lack of communication” warrant correction by entirely removing the fitness report and replacing it with an admin filler.   
 
The Board, however, substantially concurred with the AO.  The Board noted the PES Manual “does not include any constraint relative to lineal list standing as it pertains to seniority for reporting purposes” but only states the RO “will never be junior in grade” to the RS.  Although the report’s submission was late, the Board concurred with the AO and determined the fitness report, which was administratively accurate, was not rendered invalid due to its late submission.  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,