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 7 July 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 23 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 2017 to 1 June 2017.  The Board considered your contention that your fitness report is invalid due to not being properly notified that you were receiving an adverse report and due to the fact that the Third Officer Sighter for your report was relieved from command. 
 
    The Board agreed with the AO that there is no Performance Evaluation System (PES) Manual guidance that states that a Marine must receive advance notice before receiving an adverse fitness report.  You were notified that the report was adverse and you exercised your opportunity to provide a rebuttal.  In addition, the Board determined the fact that the Third Officer Sighter was relieved of command does not invalidate the report; there was no evidence that the Third Officer Sighter was biased against you.  In addition, the Board noted the Reporting Senior and the Reviewing Officer render the evaluation adverse, not the Third Officer Sighter.  The Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
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,