DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4004-20 
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. The Board also considered the 18 May 2020 advisory opinion (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 the fitness report covering the period 10 March 2018 to 31 May 2018 due to insufficient reporting senior (RS) observation and inappropriate reviewing officer (RO) comments. You argue that the report covered 81days, which is less than the 90 days required by the Performance Evaluation System (PES) manual for an observed fitness report. In addition, you contend that the operational tempo was not exceptional to warrant an observed report and that the RO comments were inaccurate and did not properly evaluate your performance. 

The Board concurred with the AO that the report complied with the PES manual. The RS correctly invoked exception to the 90 day policy via Section I directed comments and the RO comments were not adverse and valid. Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 

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, 
5/11/2021 

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