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

Docket No: 1508-19   
Ref: Signature Date 

Dear   :

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records (BCNR), sitting in executive session, considered your application on 27 March 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, and applicable statutes, regulations, and policies.  The enclosed 2 January 2019 advisory opinion (AO) from the Marine Corps Performance Evaluation Review Board was sent to you for an opportunity to comment prior to being considered by the Board.  After the period for comment expired without a response, the case was presented to the Board.
     
The Board carefully considered your request to remove your fitness report (FITREP) for the reporting period July 2013 to July 2013.  The Board considered your contention that the FITREP was marked observed even though its reporting period covered only 14 days (10 working days), which, you claim, did not afford your Reporting Senior (RS) a meaningful opportunity for observation, and even though the current version of the Performance Evaluation System (PES) Manual, MCO 1610.7, permits such reports to be marked non-observed.  The Board, however, substantially concurred with the comments and recommendation provided in the AO.  Specifically, the Board noted that the version of the PES Manual in effect at the time your FITREP was submitted, MCO P1610.7F W/CH 2, required that Reserve Training (RT) fitness reports, such as yours, be observed.  Therefore, the Board concluded that you have not shown that the FITREP constituted probable material error or injustice warranting its removal from your naval record. . 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters.  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, 
6/4/2019