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

Docket No: 4245-20 
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 4 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 application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, as well as the 28 May 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 28 May 2020, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 fitness report for the reporting period 1 June 2018 to 7 June 2019 and to remove your failures of selection. The Board considered your contention that your performance during the second half of the reporting period was not observed by your reporting officials. You also contend that according to the Marine Corps Performance Evaluation System (PES) Manual, a temporary duty report should have been generated for the second half of the reporting period to ensure that the reporting officials with daily observation of your performance could provide an accurately evaluation. You claim that you were deployed during the second half of the reporting period, while your reporting official remained in    . You also claim that your report includes a negative reporting senior (RS) trend and you were negatively broken out by your reviewing officer (RO) in what a board member would believe was observation of your performance as a commander in combat. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed. In this regard, the Board noted that your billet assignments as the Commanding Officer,  
 and         are incorporated in billet description and billet accomplishments of your contested fitness report. The Board also noted that the PES Manual does not require reporting officials to be co-located for observation to occur. The Board noted, too, that your RS observed your previous fitness report and determined that your reporting official’s comments sufficiently addressed your performance in both billets and their comments are informative. The Board also determined that the reduction in your relative value and your block “5” comparative assessment mark are not a basis to remove your report. Moreover, the Board found no evidence that your reporting officials violated the PES Manual and you provided none. Based upon the fore going determinations, the Board determined that your failures of selection will remain. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 

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, 

5/16/2021 

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