Docket No: 5989-19 
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 14 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 3 June 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 3 June 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 11 May 2009 to 2 July 2009.  The Board considered your contention that your reviewing officer’s (RO’s) justification for sufficient observation was not warranted.  You claim that, as a summer augment at , you had two personal interactions with your RO, totaling 30 minutes. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that in accordance with Marine Corps Order (MCO) 1610.7F, the Marine Corps Performance Evaluation System (PES) Manual your reporting senior (RS) was required to submit an observed fitness report, due to the significance of temporary duty assignments.  The Board also noted that it was your RO’s custom to observe summer augments, as evidenced by the large number of summer augments in his profile.  The Board determined that your RO’s observation was valid.  Moreover, the Board determined that there are no hard guidelines on what constitutes sufficient knowledge and observation for an RO, and the PES Manual provides wide latitude for the RO’s judgement to determine what they consider sufficient observation.  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,