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

Docket No: 4035-20 
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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 27 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 28 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 modify the fitness report 18 May 2000 to 31 August 2000, by making it not observed. You contend that the reporting senior (RS) had insufficient time to observe you, as you were an investigating officer for two investigations during the reporting period, which resulted in less than 90 days of observation by the RS. You included with your petition a letter from the report’s RS endorsing your request. 

The Board noted that the contested report is twenty years old and since the report you have been promoted four times. The Board further noted that in Section K of the report, the RS commented on your fulfillment of your primary duties during the reporting period. The Board concurred with the AO that you did not include any evidence that being an investigating officer constitutes a period of non-availability. 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, 
5/13/2021 

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