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

Docket No: 8566-20 
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 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 furnished by the Marine Corps Performance Evaluation Review Board (PERB), and the 14 October 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30).  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.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.
  
The Board carefully considered your request to remove your fitness report for the reporting period 2 April 2009 to 31 May 2009.  The Board considered your contention that according to the Marine Corps Performance Evaluation System (PES) Manual, the annual report should be omitted when another reporting occasion under the same reporting senior (RS) occurs within 60 days or less prior to the end date of the annual report.  You also contend that the PES Manual did not permit your RS to create an occasion for the contested reporting period and your RS should have omitted the report and combined the 59 days with the next reporting occasion.  You claim that because your fitness report was not permitted, your reviewing officer’s comments and comparative assessment mark should not have been generated.  
  
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 your RS provided the required section I Directed Comment invoking an exception to policy and your report was deemed valid at processing.  The Board also noted the AO’s explanation that the actual number of days to the end of the following reporting period was actually 61 days, not 59 days.  The Board determined that your RS was not restricted from observing your contested report and your fitness report was issued according to the PES Manual.  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, 
9/7/2021
Executive Director