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

Docket No: 4174-19 
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 modify your fitness report for the reporting period 1 March 2016 to 31 May 2016 to be not observed.  The Board considered your contention that the reporting period was 92 days, but did not meet the requirement for meaningful contact.  You claim that during the reporting period you took one day of leave and your reporting senior (RS) took two days of leave, therefore the reporting period was actually 89 days.  You also claim that based on the different definitions of leave in Marine Corps Order (MCO) 1050.3J, the Marine Corps Regulations for Leave, Liberty, and Administrative Absence, and due to the non-duty status imposed by leave, leave days should not be considered observed time.

The Board, however, substantially concurred with the PERB that your fitness report is valid and shall be retained as filed. In this regard, the Board noted that MCO 1610.7, the Marine Corps Performance Evaluation System (PES) Manual, provides that periods of 30 or more combined consecutive days when the Marine Reported On (MRO) and/or the RS was not available to perform his or her duties at the reporting command constitute non-availability.  The Board determined that three combined days of leave does not constitute a period of non-availability, and your reporting period meets the minimum observation requirements established in the PES Manual.  Further, the Board also determined that the RS was the same reporting official for your previous fitness report, thus three days of leave would not diminish his meaningful observation of your performance.  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,