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 18 February 2021.  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 the 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 9 December 2019 advisory opinions (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were 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 14 July 2018 to 10 June 2019.  The Board considered your contention that your reporting senior (RS) failed to counsel you and that your RS was forward deployed for a significant segment of the reporting period. 

The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System Manual.  In this regard, the Board noted that counsel takes many forms, and that the PES Manual does not mandate formal counsel for reports that are not adverse.  Moreover, since your RS’s period of non-availability did not affect the minimum observation threshold of 30 days, it was not required to be accounted for and/or documented. 

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,