Docket No. 4470-19
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 23 June 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 10 April 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 remove your fitness report for the reporting period 1 January 2014 to 28 April 2014 and replace it with an administrative filler.  The Board considered your contention that your reporting senior (RS) never provided you with a billet description or with his [expectations], guidance, or his priorities for the billet that you were filling.  The Board also considered your assertion that this oversight required intervention from your sergeant major, battalion commander, and reviewing officer, however, the error was not corrected. 
 
The Board, however, substantially concurred with the PERB.  The AO noted that, per the Performance Evaluation System (PES) manual, “[t]he RS must:  Establish and formalize or review Section B (Billet Description) at the outset of each reporting period; determine or make necessary adjustments; and counsel the MRO on his or her duties, responsibilities, and the RS’s expectations.”  The Board determined that failure to accomplish this task conflicts with the spirit and intent of the PES manual, but it does not invalidate the report. 
The Board also noted that, while your RS’s letter to the promotion board offers background and details related to the nuances of his profile and exigencies associated with the report, he specifically states that he was able to provide a fair evaluation over the course of those three months.  The Board determined that, while your sergeant major’s letter offers a compelling argument on your behalf,  he was not in the reporting chain, and the fact that your chain of command intervened on your part to ensure the report was compliant is evidence of proper command influence, and does not invalidate the report 
 
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,