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

Docket No: 6962-18 

 Ref: Signature Date 

Dear 

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 that 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 
30 July 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, a 12 July 2018 advisory opinion (AO) 
furnished by the Marine Corps Performance Evaluation Review Board (PERB), and applicable 
statutes, regulations, and policies. The AO was provided to you on 12 July 2018, and you were 
given 30 days in which to submit a response. When you did not provide a response, your case 
was submitted to the Board for consideration. 

The Board carefully considered your request to remove the fitness report for the reporting period 
23 August 2004 to 31 October 2004. The Board considered your contention that observation 
period was less than 90 days and the reporting senior (RS) failed to provide the requisite Section 
I comment invoking the exception to policy. Your further contend that the report was the RSs’ 
first observed report on a first lieutenant, and was classified as a “welcome aboard” report, 
greatly skewing your performance record. 

The Board substantially concurred with the AO that the contested report is administratively and 
procedurally correct. The Board noted that in accordance with the Performance Evaluation 
System manual, “Reporting seniors must submit observed reports for period covering 31 days or 
longer for (1) Semi-annual (SA) reports…” As such, the Board determined the contested report 
covered more than 31 days, and is therefore justified as an observed report. The Board found no 
evidence to substantiate your contention that the contested report is a “welcome aboard” report. 
Accordingly, the Board concluded the contested report is neither in error nor unjust, and will 
remain unchanged 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 the 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.