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

Docket No: 7613-18
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 24 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 12 September 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 12 September 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 1 January 2016 to 14 March 2016. The Board considered your contention that the contested report covers a reporting period less than 90 days and thus does not meet the minimum observation time required by the Performance Evaluation System (PES) Manual. You also assert that you requested Mast during the reporting period due to unfair treatment by your reporting senior (RS) and reviewing officer (RO).

The Board, however, substantially concurred with the AO that the contested report is procedurally correct but contains a correctable administrative error. In this regard, the Board noted that, although your report is less than 90 days and the majority of the RO Section K-4 comments violate the PES Manual, the PERB corrected your report by making the RS’s portion of your report not observed and removing Section K in its entirety.  The Board also noted that there is no evidence to support your contention that you were unfairly treated. The Board thus concluded there is no probable material error or injustice warranting additional 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.

Sincerely,