Docket No: 1871-19 

 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 
30 July 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, the enclosed 30 January 2019 advisory 
opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, a copy of 
which was previously sent to you, and applicable statutes, regulations, and policies. 

The Board carefully considered your request to modify Section K of your fitness report for the 
reporting period 1 September 2016 to 31 March 2017 to reflect insufficient observation. The 
Board considered your contention that your reviewing officer (RO) had insufficient observation 
of you because the RO-to-Marine Reported On relationship was less than 89 days based on the 
date he checked into your command during March 2017. 

The Board, however, substantially concurred with the AO that the contested report is 
administratively and procedurally correct. Regarding the observation period between you and 
your RO, he Board determined that, in accordance with the Performance Evaluation System 
Manual, there is no established minimum observation threshold for an RO. Instead, it is entirely 
up to the RO’s discretion to ascertain observation criteria. The Board thus concluded that the 
contested report does not constitute probable material error or injustice, and that, therefore, 
corrective action is not warranted. 

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.