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 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 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, and applicable statutes, regulations, and policies.  The Board also considered the enclosed 2 May 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 February 2017 to 1 October 2017.  The Board considered your contentions that the report was unfairly marked, and that your reporting senior submitted the report late, 68 days after the end of the reporting period, and after he departing the command.  The Board also considered your contentions that, due to his departure, he was unavailable to counsel you regarding the report, and that you were denied the opportunity to discuss this report with him.  You also contend that the Section K, Reviewing Officer (RO) Comment “[h]e capably accomplishes necessary requirements in support of motor pool operations” is erroneous, due to the fact that you were assigned to a training team for the entire reporting period. 
 
The Board noted that your billet description and billet accomplishments are related to your duty as an instructor, and did not involve motor pool responsibilities.  The Board also noted that the PERB, after identifying your RO’s error, the PERB corrected your report by removing all entries 
and information regarding your RO.  Specifically, the PERB removed Section 11a through 11f and removed the marks and comments in Sections K-1 through K-4. 
 
The Board concurred with the PERB that the contested report, as modified, is now administratively correct.  The Board also determined that your contention that the lack of RS counseling invalidates the report lacks merit.  Counseling can take multiple forms and is not a requirement of the Performance Evaluation System.  Additionally, although fitness reports should be submitted in a timely manner, the untimely submission of your report does not invalidate it.   The Board thus determined that the report, as modified by the PERB, shall remain in your record. 
 
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.