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

Docket No: 6944-18 
Ref: Signature Date 


This letter 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 9 April 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, the 19 July 2018 advisory opinion (AO) furnished by the Performance Evaluation Review Board (PERB) previously submitted to you and enclosed, as well as applicable statutes, regulations and policies. 

The Board carefully considered your desire to remove or modify to not observed the fitness report for the reporting period 20 January 2016 to 31 March 2016 and to remove the FY19 and FY20 Lieutenant Colonel (LtCol) Promotion Board failures of selection.  The Board considered your contention that the report covers less than 90 days and the Reporting Senior (RS) failed to provide the required Section I comment invoking the exception to policy and justifying why the report was rendered observed. 

The Board significantly agreed with the AO that in accordance with the Marine Corps Performance Evaluation System Manual, “[d]ue to the significance of temporary duty assignments, the RS must submit an observed report, unless the temporary assignment is an academic environment.” The Board noted that contrary to your contention, “the RS must explain in Section I why an FD report is not observed.”  The Board concluded the contested report is administratively and procedurally correct, thus the report will remain unchanged in your record.  Based upon the Board’s decision not to modify the contested report, the Board concluded the failures of selection will remain in your record. 

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.  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, 
7/8/2019