DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 322-19                                                           
Ref: Signature Date 

This letter 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 18 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 7 December 2018 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 modify your “from temporary duty” (FD) fitness report for the reporting period 22 June 2014 to 5 September 2014.  The Board considered your contention that your reporting senior (RS) did not make a Section I directed comment that he was invoking an exception to policy for an observed report for an observation period under 90 days, and that he did not comment on the circumstances resulting in meaningful personal contact. 

The Board, however, substantially concurred with the PERB and determined that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting removal or modification of the report.  The Board noted that the reporting period covered constitutes 76 days, and while that is less than 90 days, the FD reporting occasion is an exception to the minimum observation policy.  Specifically, “[r]eporting seniors must submit observed reports for periods covering 31 days or longer for . . .from temporary duty (FD) reports.”  The Board agreed with the AO that your reporting chain was in compliance with guidance set forth in the Performance Evaluation System that stipulates, “[d]ue to the significance of temporary duty assignments, the RS must submit an observed report, unless the temporary assignment is an academic environment and an observed evaluation is not feasible.” 

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 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,

 
4/10/2020