Dear  
 
This 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 07 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. 
 
The Board carefully examined your request to remove your fitness report for the reporting period 01 March 2016 to 16 May 2016.  Regarding this report, the PERB decided on 26 September 2018 to change the Reporting Senior (RS) portion of the report to “Not Observed,” due to insufficient observation by the RS, but retained the Reviewing Officer (RO) evaluation.  The Board considered your contention that your entire fitness report should be removed because the RO did not sufficiently observe you during this reporting period. 
 
    The Board concurred with the PERB that the Performance Evaluation System (PES) Manual requires minimum observation requirements for the RS, but that this requirement does not apply to the RO.  Additionally, the Board determined that pursuant to the PES, reporting officials are not required to be co-located in order for observation to occur.  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,