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

 Docket No: 4672-20 


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 18 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.  The Board also considered the 12 June 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 7 May 2020 Advisory Opinion provided to PERB by the Manpower Management Division Records & Performance Branch (MMRP-30)(the AO). The PERB Decision and the AO were 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 fitness report covering the period 1 July 2018 to 30 June 2019 due to inadequate observation time by the reporting officials resulting from a modification to the reporting chain late in the reporting period.  You submitted email correspondence documenting that your reporting chain was changed 54 days prior to the end of the reporting period.  

The Board noted that the PERB modified the contested fitness report by making the reporting senior portion of the report not observed and adding the following verbiage in Section I (Directed and Additional Comments): “This report is a Not Observed Fitness Report Due to Insufficient Observation.”  The Board concurred with the AO that with this correction removal of the report is not warranted; noting that the Performance Evaluation System (PES) Manual does not place a minimum time requirement for reviewing officer (RO) observation.  

Consequently, the Board found the contested report, as modified, is administratively correct and concluded that the modified report shall remain in your OMPF.  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, 
6/11/2021