Docket No: 10025-19
Ref: Signature Date 


  
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 8 December 2020.  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 24 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 24 October 2019, 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 modify your fitness report for the reporting period 2 March 2009 to 31 May 2009 by changing it to be not observed.  The Board considered your contentions that the reporting period only covered 78 days, during which, you were on leave for nine days and on temporary assignment for three days.  As evidence, you furnished correspondence from your former reporting senior. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your contested fitness report met the minimum requirement of 90 days for an observed report.  The Board also noted that according to the Marine Corps Performance Evaluation System Manual, periods of non-availability are periods of 30 or more consecutive days when the reporting senior or Marine Reported On are away from the command and unable to perform their duties.  The Board determined that your periods of absence do not constitute periods of non-availability.   Accordingly, the Board concluded that there is no probable material error or injustice warranting corrective action.  
 
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,