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

Docket No: 4146-19 
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 that 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 21 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, and applicable statutes, regulations, and policies, as well as the enclosed 28 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 28 March 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove Section K of your fitness report for the reporting period 1 August 2010 to 10 December 2010. The Board considered your contention that your reviewing officer’s (RO’s) comments did not evaluate your potential for continued professional development, promotion, command assignment, resident Professional Military Education (PME), or retention.
 
The Board, however, substantially concurred with the PERB that your fitness report is valid, but contained administrative errors that warranted corrective action. In this regard, the PERB determined that your RO should have marked Section K.1 as “Insufficient” and your RO exceeded his authority by ranking you in the comparative assessment block, when you had not yet attained a primary military occupational specialty (PMOS).  The Board noted that the PERB’s action was to mark Section K.1, Insufficient and to remove your marks in Sections K.2 and K.3. 

Regarding your RO Section K comments, the Board noted that in accordance with Marine Corps Order (MCO) 1001.65, the Marine Corps Officer Retention and Prior Service Accessions order, observed time begins with the first observed performance evaluation after graduation from the PMOS School.  The Board determined that comments regarding your potential for professional development, promotion, command, and retention are reserved for observed reports.  Moreover, the Board also determined that your RO was correct to limit his comments to your academic achievements.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 

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,