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 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.  In addition, the Board considered the advisory opinion contained in HQMC letter 1610 MMRP-13/PERB of 16 January 2020; a copy of which was previously provided to you for comment by the Marine Corps. 
 
A review of your record shows that you entered the Marine Corps in 2011.  While assigned to  in 2015, you were issued Temporary Additional Duty (TAD) orders that commenced on 21 September 2015.  Your chronological record shows you returned from TAD on 2 November 2015 prior to your Reviewing Officer’s (RO) transfer to the command on 25 November 2015.  You were detached from  on 16 March 2016 and issued a fitness report in May 2016 that covered a period of 1 April 2015 through 15 March 2016.   
 
The Board carefully considered your arguments that your fitness report ending on 15 March 2016 should be removed from your record since the RO did not have an opportunity to observe your performance due to your TAD status.  You assert that you were TAD from 21 September 2015 through 23 February 2016 and transferred immediately upon your return from TAD.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case.  Specifically, the Board concluded your chronological record does not support your assertion that your RO did not have the opportunity to evaluate your performance since you, effectively, never returned for duty to  once you departed on TAD in September 2015.  As pointed out in the advisory opinion, the chronological record shows that your RO had approximately three months to evaluate your performance prior to your transfer to your new command in March 2016.  Therefore, the Board concluded the preponderance of the evidence supports leaving the fitness report in question as part of your record.  Absent evidence to the contradicts your chronological record, the Board agreed with the advisory opinion that the report is valid as written and you did not meet the burden of proof to invalidate the report.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,    
                                                      
3/7/2021