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

Docket No. 4036-20 
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 applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your cases on their merits. A three-member panel of the Board, sitting in executive session, considered your applications on 20 May 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies, as well as the 27 May 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 20 February 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the AO). The PERB Decision and the AO were provided to you on 28 May 2020, and you were given 30 days in which to submit a response. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

The Board carefully considered your request to remove your 2 July 2003 to 5 October 2003 Temporary Duty (TD) Fitness Report and to remove your 25 March 2005 to 31 May 2005 Annual (AN) Fitness Report. 

With regard to your TD report, the Board noted that the PERB modified your TD report to “not observed” and concluded that the PERB’s corrective action sufficiently mitigated any error and injustice caused by this report, and therefore, removal of the TD report, as modified by the PERB, is not warranted.
 
With regard to your AN report, the Board considered your contentions that the total number of days your Reporting Senior (RS) could have observed your performance was less than 33 days with only 22 of those days being work 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.
 
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, 
6/4/2021 

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