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

Docket No. 6193-20 
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 applications on 8 July 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies, as well as the 11 August 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 9 June 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (the AO). The PERB Decision and the AO were provided to you on 11 August 2020, and you were given 30 days in which to submit a response. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove your 2 October 2019 to 8 January 2020 Fitness Report. The Board considered your contention that medical providers failed to place you in a limited duty status with the purpose of excusing you from a required annual Combat Fitness Test (CFT). You also contend that performance related material was written by your Reporting Senior (RS) which proves to be an opinion due to an initial counseling not being provided, and that your RS was not present for longer than five training days in order to appropriately observe your performance. 

The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual guidance. In this regard, the Board noted that the Third Officer Sighter conducted a “careful and in depth review” of your medical records in concert with the medical staff and ultimately concurred with your reporting officials’ decision to process the adverse fitness report due to your omission of a required annual CFT. 

Additionally, the Board determined that you failed to substantiate that your RS did not have sufficient observation of you during the reporting period. 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, 
7/20/2021