DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2662-17 Dear This is in reference to your application for correction of your naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 14 June 2017. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations, and policies. ln addition, the Board considered the advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-13/PERB) dated 7 March 2017, which was previously provided to you. You were provided 30 days to submit a rebuttal statement to the PERB's advisory opinion. After the 30 day period had expired without a response, the case was presented to the Board for decision. You requested to have two fitness reports removed from your record. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. ln this regard, the Board substantially concurred with the comments contained in the advisory opinion. Specifically, the fitness report covering the period from 29 July 2014 to 15 January 2015, you failed to substantiate that the Reporting Senior (RS) did not have the necessary time to observe your perfonnance to justify the observed report and you offered no other evidence that the report was not a valid report. Regarding the fitness report covering the period from 1 January 2015 to 9 November 2015, you failed to document that yow had any 30 day periods ofconsecutive non­availability that would serve to lessen the RS's observation time and you failed to substantiate that the report was not an accurate and fair appraisal ofyour exhibited efforts and results. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director