DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490
 
Docket No: 7165-18 
 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 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, as well as the enclosed 23 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 23 August 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 your fitness report for the reporting period 9 March 2017 to 31 December 2017.  The Board considered your contentions that your reporting senior (RS) did not observe your performance during the reporting period, did not inquire about your performance, and did not seek input from your direct supervisors or senior leadership.  You also contend that your initial counseling was conducted over the phone four months after you reported, your RS showed a lack of interest or concern for your career, and the report was submitted two months late.  Moreover, you assert that your RS informed you that he could not provide you with a fair assessment because you did not send weekly progress reports, although you submitted emails to keep him informed.  
 
 
The Board, however, substantially concurred with the AO’s opinion that the contested report is administratively and procedurally correct.  In this regard, the Board noted that reporting officials are not required to be co-located with a Marine Reported On for observation to occur.  Moreover, because the Performance Evaluation System (PES) Manual does not require formal counseling, any lack of formal counseling does not invalidate your report.  Furthermore, while late submissions are unacceptable, they do not invalidate reports.  Finally, the Board found no evidence that the RS lacked concern or failed to provide a fair assessment of your performance during the reporting period, and you provided none.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   
 
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.