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  11 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 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.  In addition, the Board considered the advisory opinion contained in HQMC letter 1610 MMRP-13/PERB of 9 December 2019; a copy of which was previously provided to you by the Marine Corps. 
 
In February 2019, you received a fitness report covering the period of 20180601-20190218.  This report was signed by your Reporting Senior who promoted to paygrade O5 in December 2018.  Prior to his promotion, he possessed a lineal number for the paygrade O4 below your lineal number and was considered junior to you for approximately 183 days of the reporting period.  As a result, you filed a request with the Performance Evaluation Review Board (PERB) requesting to have the Reporting Senior (RS) portion of the fitness report expunged or the entire report changed to “Not Observed.”   
 
The Board carefully considered your arguments that the fitness report covering 20180601-20190218 contains an error since your RS was junior in rank to you until his promotion on 1 December 2018.  You quoted Marine Corps Order 1610.7A paragraph 10.d as evidence that the fitness report was erroneous since the order states a RS may never be junior in rank to the Marine Reported On (MRO).  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the PERB decision in your case.   Marine Corps Order 1610.7A paragraph 10.d contains a noted exception to the requirement that a RS be senior in rank to the MRO.  It states, “the only exceptions to this policy are when the RS is the commanding officer or officer-in-charge…”  Since your RS was serving as the Officer-in-Charge during the period covered by the fitness report in question, the Board concluded he was qualified to serve as your RS.  Therefore, the Board found no basis to remove the RS portion of the fitness report or replace it with a “Not Observed” report.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,