Docket No: 4834-19 
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 19 May 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 23 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 23 April 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 July 2012 to 20 September 2012 to be not observed.  The Board considered your contentions that the reporting period was less than 89 days and although your report was not adverse, the sentence, “MRO is able to see any task to completion without supervision when directed” is a velvet dagger and implies that you lacked initiative to complete task. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as modified.  In this regard, the Board noted that your reporting senior (RS) included the required Section I directed comment invoking an exception to policy in accordance with Marine Corps Order (MCO) 1610.7F, the Marine Corps Performance Evaluation System (PES) Manual.  The Board also noted that your RS wrote your previous report and your reviewing officer noted that your RS had direct supervision of you during the reporting period.  The Board determined that your RS’s observation of your performance was valid and your RS provided sufficient justification and comments regarding his observation of your performance.  

Moreover, the Board found no evidence that your RS’s evaluation of your performance was unjust or in violation of the PES Manual, and you provided none.  The Board noted too, the PERB determination that the wording “when directed” could be confusing and unclear, and thus directed removal of the wording “when directed” from Section I of your contested report. The Board determined that the PERB correction of your fitness report was sufficient and thus concluded that there is no probable material error or injustice warranting further 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.