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

Docket No: 3555-19                         
Ref: Signature Date 

Dear  

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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 28 April 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, as well as applicable statutes, regulations, and policies.  The Board also considered the enclosed 5 March 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 modify your annual (AR) fitness report for the reporting period 1 October 2008 to 30 September 2009, and to remove your change of reporting senior (CH) fitness report for the reporting period 1 October 2009 to 6 February 2010. 

The Board considered your contention that your reporting senior (RS) for the AR report made a negative comment (“mature veteran with considerable MOS competence”) that was not in compliance with the Performance Evaluation System (PES) Manual.  The Board, however, concurred with the AO and noted that the phrase likely infers that you have substantial experience in your military occupational specialty, and thus achieved “veteran” status within the command.  The Board determined that the comment is not negative and that it shall remain. 

The Board also considered your contention that your RS for the CH report made a comment (“performance this period is consistent with recent annual report”) that demonstrates that you were not observed for development, and that the phrasing is not in accordance with the PES Manual.  You also contend that there is a substantial amount of “white space” that does not add value to the report.  The Board, again, substantially concurred with the PERB, and noted that for this report, you had the same rank, the same duty assignment, and same RS for two successive reports.  Your RS only marked two attributes as “observed,” and referenced minimal operational activity during the report period covered.  The Board acknowledged the “white space,” and noted that the PES Manual does not contain a set “minimum amount” of content for an observed report, and in this particular instance, the unique nature of the Reserve mission, with associated periods of intermittent operational activity, affected the quantity and quality of reporting chain observation. 
 
The Board thus determined that both reports are administratively correct, procedurally complete and valid at the time of submission, and remains as such.  The PERB determined, and the Board concurred, that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting modification or removal of the reports. 
 
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,