DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
 
Docket No: 451-20
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 2 March 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 7 January 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 not-observed fitness report covering the period 2 May 2018 to 31 July 2018 from your record and modify your next fitness report reporting period so that it would cover the period 2 May 2018 to 16 December 2018.  You argue that the not-observed fitness report is unjust and in error as your semi-annual fitness report should have been an observed occasion.  You further note that the fitness report should have been marked commendatory as you received an award during the reporting period.  You included with your petition letters from the original reporting senior (RS) and the possible gaining RS endorsing the request.  
 
The Board concurred with the AO that you did not provide sufficient evidence to show that the fitness report warranted removal as you admitted that you did not have observation time with the RS or the reviewing officer.  In addition, the Board noted that the error regarding Commendatory Material can be addressed via separate correspondence with MMRP-31.  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, 
Executive Director