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

Docket No: 9314-18 
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 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 December 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 23 October 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 2 November 2014 to 15 January 2015.  The Board considered your contention that, although the reporting period is only for 74 days, the report does not contain the required directed comment for an exception to policy.  The Board, however, substantially concurred with the AO that your reporting senior (RS) provided detailed comments in Section I indicating that he had meaningful, personal contact with you during the reporting period.  Additionally, the Board noted that your RS on the contested report was also your RS on your preceding report, and that your RS had submitted an observed report for that 7-month reporting period.  The Board determined that your RS was familiar with your character and performance and the lack of the required statement on the contested report, justifying why it was an observed report is considered an administrative error and not one that invalidates the report.  The Board thus concluded that the contested report 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. 

Sincerely,