DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001  
ARLINGTON, VA  22204-2490 
 
Docket No: 8731-20
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 21 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.  The Board also considered the 9 December 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 13 October 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 9 December 2020, and you were given 30 days in which to submit a response    
 
The Board carefully considered your request to remove the fitness report covering the period 16 July 2019 to 7 July 2020.  You argue that the report is unjust as your reporting senior (RS) and reviewing officer (RO) were biased against you due to your medical condition.  In addition, you contend the RS did not provide counseling before submitting the fitness report and the RO did not observe you sufficiently.   
 
The Board concurred with the AO that the reporting officials were not required to counsel you prior to submitting the report, there is no minimum observation time required for a RO, and your accomplishments during the reporting period were marked in the fitness report.  The Board determined that there was insufficient evidence to show error or injustice by the reviewing officials.  Consequently, the Board found 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.   


10/1/2021 
Sincerely, 
Executive Director