Docket No: 5983-19 
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 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, as well as the enclosed 13 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 13 May 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 remove your fitness report for the reporting period 1 June 2018 to 30 September 2018.  The Board considered your contention that the minimum observation time was not met during the reporting period and the interaction that did occur, did not meet the criteria outlined in Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual.  You contend that of the 122 days in the reporting period, approximately 37 can be considered observed.  Specifically, you noted periods of non-availability that included: leave, special liberty, and periods of temporary additional duty (TAD).  You also contend that you did not receive an initial counseling or billet description within 30 days, in progress counseling did not occur, you were not afforded the opportunity to correct shortcomings, and your fitness report was used as a counseling tool.  As evidence, you provided an email from your reporting senior notifying you of your standing in his profile. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  The Board noted that in accordance with the PES Manual, periods of non-availability consist of 30 or more consecutive days when the Marine Reported On (MRO) or the RS was not available to perform his or her duties at the command.  The Board determined that the minimum observed time was met, as none of the periods cited in your application consist of 30 consecutive days.  The Board also determined that your RS was not required to be co-located at all times for observation to occur, and while recommended, counseling is not required.  Moreover, the Board found no evidence that your RS’s assessment of your performance was invalid or that your fitness report was used as a counseling tool and you provided none.  The Board thus concluded that there is no probable material error or injustice warranting 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. 
 
Sincerely,