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

Docket No: 4195-19 
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 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 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, 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 12 May 2017 to 17 August 2017 to be not-observed.  The Board considered your contention that according to Officer Candidate School (OCS) policy, personnel temporarily assigned as augments will receive not observed fitness reports. 

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 the Commandant of the Marine Corps (CMC) Waiver of Policy for Augment Personnel to Receive Not Observed Fitness Reports While Temporarily Assigned to OCS.  The waiver authorized not observed fitness reports for all augment personnel temporarily assigned to OCS regardless of the duration of the reporting period.  The AO noted that the policy does not preclude observed reports, as long as they are sanctioned by the OCS Commanding Officer (CO).  The Board also noted that the CMC waiver provides for reporting officials that feel their observation is sufficient to warrant an observed fitness report, that they may, with concurrence from the OCS CO, observe the fitness report.  The Board determined that your reporting senior was authorized to observe your fitness report, the reporting period met the minimum requirement for an observed report, and as the reviewing officer, the CO’s processing of the report served as concurrence.  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, 

5/27/2020