DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8154-18 Ref: Signature Date Dear : This 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 26 November 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 considered the enclosed 26 September 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. The Board carefully considered your request to remove your fitness report for the reporting period 3 January 2012 to 7 March 2012. The Board considered your contention that your Reviewing Officer’s (RO’s) comment “nothing should be inferred from my Comparative Assessment mark; all that I here at receive the same mark upon their departure for TBS” illustrates that you were not given the opportunity to be evaluated in the staff secretary billet. You argue that the fitness report is unjust because everyone received the same evaluation regardless of performance. The Board noted that the report contained a correctable administrative error. The error in Section A, Item 3c (type) was marked “N” signifying a “normal” report type; however, the contested reporting period is considered one of a training duty, and the code should have been marked as such. The Marine Corps’ course of action was to mark Section A, Item 3c (type) with an “A” to reflect a training duty vice normal reporting type. The Board also noted that, at the time of processing, the performance evaluation policy in effect directed reporting officials to “report academic and training duty as a student like regular duty” and that “reporting officials must observe and report all aspects of a Marine’s performance, potential, and professional character, as appropriate.” Additionally, reporting officials were directed to “submit fully observed reports to the extent possible” because “observed reports are particularly crucial for company grade officers in a training status needing minimum observed time for consideration for augmentation.” The Board determined that, given the PERB’s modification to the report, it is now written in compliance with the spirit and intent of the policy in effect at the time. The Board thus concluded that the report, as modified by the PERB does not constitute probable material error or injustice warranting removal from 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.