Docket No: 450-20 
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 16 February 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 7 January 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 7 January 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.  
 
The Board carefully considered your request to modify your fitness report for the reporting period 16 January 2015 to 3 May 2015 by changing your fitness report to be not observed.  The Board considered your contentions that your fitness report period covered 107 days, however, you were out of the office for over 30 days during the reporting period, to include weekends.  You also contend that according to the Marine Corps Performance Evaluation System (PES) Manual a minimum of 90 days is required for an observed fitness report.  You claim that the total amount of observed time was 72 days.  As evidence, you furnished your leave summary. 
 
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 according to the PES Manual, periods of non-availability are periods of 30 or more combined consecutive days when the Marine Reported On and/or the reporting senior was not available to perform his or her duties at the reporting command.  The Board also noted that your annual/combat leave periods totaled 28 days and your leave days were not consecutive.  The Board determined that your leave periods do not meet the PES Manual criteria for periods of non-availability.  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, 
 
2/25/2021
Deputy Director