Docket No: 7824-18 
Ref: Signature Date 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 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 23 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, as well as applicable statutes, regulations, and policies. The Board also reviewed an advisory opinion (AO) furnished by the Marine Corps Counseling and Evaluation Section (MMRP-50) dated 19 September 2018. 

The Board carefully considered your desire to modify the fitness report for the reporting period to not observed and to remove all failures of selection (FOSs). The Board considered your contention that the report was less than 90 days and there is no statement in Section I justifying the exception to policy, resulting in unjust and erroneous circumstances in your body of work. 

The Board noted the Performance Evaluation Review Board (PERB) modified the contested fitness report from “Observed” to “Not observed.” The Board also noted the AO’s comment that the error in your record occurred over eleven years prior to screening for promotion to Lieutenant Colonel. The Board concurred with the AO and determined the contested report had little impact on the promotion selection board’s determination. A drop in the comparative assessment marking in grade as a major, while serving in a critical billet, in the operating forces, in your military occupational specialty, and a trend of historically low first-class physical fitness 
test were likely factors that contributed to your failures of selection. The Board concluded that the timeframe and brevity of the contested fitness report did not contribute to your FOSs, and there is no additional justification to remove them, therefore the fitness report as modified and the FOSs shall 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 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.