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

Docket No: 6801-20 
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 13 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 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 9 September 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 29 July 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 9 September 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 or modify your fitness report for the reporting period 31 July 2018 to 31 October 2018 by changing your reporting senior’s (RS’s) observation to be not observed and that your section I be corrected. The Board considered your contentions that your fitness report is unjust and contains multiple substantial administrative and procedural errors. Specifically, your reporting senior (RS) did not complete or provide feedback on your billet description, you did not receive counseling before or after the reporting period, and your fitness report does not discuss any of the significant events that occurred during the reporting period. You also contend that the first portion of your section I is laudatory, while the second portion of your section I contains velvet daggers, your section I does not address your RS’s small profile, and comments regarding your Weapons Qualification, Billet Grade and Risk Management were not included. You claim that your RS did not observe your performance from 2 to 31 October, which would equal less than 90 day of observation, therefore, a not observed semi-annual fitness report was warranted. You also claim that you submitted a Prohibited Activities and Conduct (PAC) complaint against your RS. 

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 found no evidence to support your contentions that your fitness report is unjust or otherwise invalid and you provided none. The Board noted that according to the Marine Corps Performance Evaluation System (PES) Manual, RSs must submit observed reports for periods covering 31 days or longer for all active duty lieutenants who have completed their primary Military Occupational Specialty (MOS) School. The Board determined that even if your performance was not observed during the contested 29 day period, your report met the minimum observation for a semi-annual report. The Board also determined that your section I comments were appropriate and written according to the PES Manual. Moreover, the Board found no evidence of your PAC complaint, that your complaint against your RS was substantiated or that your complaint influenced your RS’s evaluation of your performance. 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, 
7/30/2021