Docket No. 3734-20
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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 22 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 17 April 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 remove or modify your 12 January 2009 to 1 March 2009 Fitness Report and to remove your failures of selection to lieutenant colonel.  The Board considered your contention that Section I of the contested fitness report does not justify why an observed report was given covering a period of only 47 days.   
 
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, the applicable version did not include specific guidance relative to defining meaningful personal contact, nor was the guidance specific as to the actual format and substance of the “'indication” in Section I.  Moreover, the more stringent guidance included in the latest PES Manual is not retroactive to the circa 2009 fitness report.  The Board also determined that, because your fitness report was not removed or modified, there is no justification for removing your failures of selection.
 
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,