Docket No: 5481-20 
 

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 15 June 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 23 July 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 27 May 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30).  The PERB decision and AO were provided to you on 23 July 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 remove your fitness report for the reporting period 2 October 2016 to 11 January 2017.  The Board considered your contention that you were not available during 35 of the 102 day reporting period (because you were on leave, temporary duty for house hunting and conducting Permanent Change of Station travel) and your contention that your reporting senior (RS) observed your performance for less than 24 hours and your reviewing officer (RO) did not observe your performance at all.  You claim that you were not counseled that your billet description or duties would change once promoted.     
 
The Board, however, substantially concurred with the PERB decision and AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that according to the Marine Corps Performance Evaluation System (PES) Manual, periods of non-availability are 30 or more consecutive days when the Marine Report On and/or RS was not available to perform his/her duties at the reporting command.  The Board also noted that your collective absences were 33 days.  However, your absences were not consecutive and do not constitute periods of non-availability.  The Board found no evidence that your RS and RO had limited or no observation of your performance and you provided none.  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, 
 
6/25/2021
Executive Director