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

Docket No: 1505-19 
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 February 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. The Board also considered the enclosed 2 January 2019 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 or modify your fitness report for the reporting period 6 June 2015 to 31 May 2016.  The Board considered your contentions that your  reporting senior (RS) did not have sufficient observation during the reporting period, that you were not advised who your RS would be when you checked into your unit, that you never had an initial counseling identifying your roles and assigned duties, and that there is no directed comment identifying you as being detached from the Battalion during the reporting period.
 
The Board noted that the report did not annotate your temporary duty in support of Operation Restoring Hope, but determined that such an error was harmless.  The Board noted, too, that the Marine Corps’ course of action was to add the following verbiage to Section I (Directed and Additional Comments):  “Directed Comment: Period of Non-Availability. MRO served as , , , in support of Operation RESTORING HOPE from 16 March 2016 to 15 
May 2016.” 

The Board substantially concurred with the PERB that the lack of an in-brief from the Battalion Operations Officer does not invalidate the report, and there is no evidence that your RS did not have sufficient observation of you during the reporting period. Additionally, the Board concurred with the AO that, in various scenarios, the reporting chain can be modified, and while there is no Directed Comment to support the supposition that your reporting chain was modified, the fact that your Battalion Commander was the reviewing officer of the report indicates he was certainly aware of and condoned the reporting chain at time of processing. The Board determined that, given the PERB’s modification to the report, it is in compliance with 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 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,