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

Docket No: 1530-18  
Ref: Signature Date 

Dear:

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
  
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2019.  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 enclosed 22 February 2018 advisory opinion (AO) from the Marine Corps Performance Evaluation Review Board (PERB) was sent to you for an opportunity to comment prior to being considered by the Board.  After the period for comment expired without a response, the case was presented to the Board. 

The Board carefully considered your desire to remove your fitness reports (FITREP) for the reporting periods 1 March 2014 to 30 June 2014, 1 July 2014 to 30 June 2015, and 1 July 2015 to 31 July 2016, or, alternatively, to modify the reports for the reporting periods 1 March 2014 to 30 June 2014 and 1 July 2014 to 30 June 2015.  The Board considered your contentions that (1) the Reporting Senior (RS) for the contested reports was improperly replaced, and (2) such improper modification of the reporting chain eliminated input from your direct supervisor, and the RS and Reviewing Officer (RO) thus became too distant to submit a meaningful observed report.  The Board, however, substantially concurred with the comments and recommendation in the AO.  Specifically, the Board noted that, despite your contention to the contrary, your reporting chain was not modified and had, in fact, been established by the general-officer-level Director of your division well before your arrival.  Your GS-14 supervisor was never your RS, despite his desire to so serve.  Moreover, although your reporting chain was not standard, in that your GS-14 immediate supervisor was not your RS, “The reporting chain will not always equate to the formal chain of command because of operating requirements and organizational structures.” MCO 1610.7A, para 2-2; MCO 1610.7, para 2-2; MCO P1610.7F W/CH 1–2, para 2002.  In addition, the Board concurred with the AO that “[t]he reports’ relative values, the comparative assessment marks, and the RS and RO Section I and Section K comments do not support [your] contention[s] that the RS and the RO for each reporting period were ‘too far removed . . . to possibly submit a meaningful observed report’ and had eliminated ‘any input that the MRO's direct supervisor had in assessing and reporting on [your] performance,’” noting that “it is common practice for the [officer-in-charge]/supervisor to forward specific comments and a summary of the MRO [Marine Reported On] to the RS and RO to ensure the report accurately reflects the MRO’s performance and potential.” 

It is regretted that the circumstances of your 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 matters.  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, 


5/17/2019