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

Docket No:  8410-20
Ref:  Signature Date

CAPT  

Dear Captain : 
 
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 7 September 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 20 November 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 14 August 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 provided to you on 20 November 2020, and you were given 30 days in which to submit a response.  
 
The Board carefully considered your request to modify the fitness report covering the period 1 June 2019 to 25 August 2019.  You argue that the report is erroneous because the reporting senior (RS) did not have significant observation of you during the 86-day reporting period, violating the Performance Evaluation System (PES) Manual minimum 90-day requirement for a Transfer report.  You also contend that the report is unjust as the report was the first report written on grade by the RS at processing and after the RS wrote subsequent reports on grade the relative value of your report did not comport with your performance.  You included with your petition a letter from the report’s RS endorsing the request to make the report not observed, and stating that the relative value of the report is not a fair or accurate assessment of your performance. 
 
The Board noted that the RS in the Section I comments of the contested report wrote a detailed explanation of why the 90-day minimum required should be waived as he had meaningful personal contact with you due to increased work hours and prior observation of you in the same work section 18 months prior.  The Board further noted that the reviewing officer concurred with the RS evaluation and decision to waive the 90-day minimum requirement.  The Board concurred with the AO that the RS sufficiently explained why the 4 days of required time should be waived and a low relative value is not a sufficient reason to modify a fitness report.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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,
 
9/23/2021
Excutive Director