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 1 February 2017 to 31 March 2017.  You argue that the fitness report is invalid as the reporting period was 61 days and your reporting senior (RS) did not observe you sufficiently.  You note that the reviewing officer (RO) correctly submitted a non-observed report.  You included with your petition a letter that the RS wrote to the Fiscal Year (FY) 2020 Staff Sergeant Selection Board.  
 
The Board noted that the RS correctly invoked the exception to Performance Evaluation System (PES) policy of the minimum observed time of 90 days in Section I of the report.  The Board concurred with the AO that the RS letter to the Staff Sergeant Selection Board stating that he was unaware of PES manual regulations regarding observed time is illogical and that you did not provide sufficient evidence to show that the fitness report warrants removal.  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, 

4/28/2021
Executive Director