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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 15 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 the 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 opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to modify your 2 August 2007 to 24 September 2007 Fitness Report.  The Board considered your contention that the report should have been made “not observed” due to insufficient observation time.  You assert that this error and injustice created an inaccuracy in your performance history that could have lasting, negative effects on your career now and in the near future.    
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed in accordance with the applicable Performance Evaluation System (PES) Manual.  Specifically your Reporting Senior’s (RS’s) invocation of exception to policy fully conformed to, and met all the PES requirements for an observed report.  The Board also noted that your RS’s contention that the report was not “accurately representative of [your] performance” is unfounded because there is no evidence in support of this broad and non-specific claim.  Furthermore, the evaluation omits any suggestion that your RS’s original evaluation was not fully-informed and/or falsely based on insufficient observation.  Lastly, the Board noted that your Reviewing Officer concurred with the RS’s evaluation, to include the invocation of exception to policy.  
 
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, 
 
4/25/2021
Executive Director