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

Docket No: 6731-18                                                           
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 17 September 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 Board also considered the enclosed 12 July 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  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 July 2015 to 1 May 2016.  The Board considered your contention that your Reporting Senior (RS) and Reviewing Officer (RO) did not have sufficient observation time to write an observed report.  The Board noted that your tour of duty with the      as the Training Officer, G-3 Plans began in August 2015, and that there were several periods of non-availability prior to your permanent change of station on 1 May 2016.   

The Board concurred with the AO that, even after subtracting your periods of non-availability, the report still exceeds the minimum threshold for an observed report.  Additionally, the Board concurred with the AO that, while the reassignment of Maj as your RS upon the departure of LtCol  would normally warrant a Change of Reporting Senior (CH) report, the omission of the CH report is not grounds for invalidating the contested report.  In this regard, the Board noted that Maj  was the G-3 Plans officer-in-charge, and therefore determined that he would have had sufficient observation of your performance and accomplishments during the reporting period for an observed report.  Finally, although the issue of your RS (Maj ) being the same grade as you was not specifically raised in your application, your RO properly addressed it in his Section K-4 comments.  The Board thus concluded that you did not meet the burden of proof necessary to establish an inaccuracy or injustice warranting the removal of the report. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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, 


10/11/2019