Docket No: 5990-19 
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 21 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 13 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB) and the 29 May 2019 AO furnished by Headquarters Marine Corps (MMRP-50).  The PERB AO was provided to you on 13 March 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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  The Board carefully considered your request to remove your fitness report for the reporting period 24 May 1999 to 5 August 1999.  You also request to remove your failure of selection (FOS) incurred during the Fiscal Year (FY) 2020 USMC Colonel (Col/O-6) promotion selection board.  The Board considered your contention that the reporting period was less than 89 days and your reporting senior (RS) failed to justify why the exception to policy was invoked to observe the report. 
 
The Board noted that the PERB modified your contested fitness report by making the RS portion of your fitness report “not observed.”  The Board, however, substantially concurred with the PERB that your fitness report is valid and should remain in your record as modified.  The Board 
also noted MMRP-50’s recommendation to remove your FY 2020 FOS because the removal of a bottom third report would have had an impact on your cumulative relative values and any improvement to your record could have a decisive effect on your selection.  However, contrary to MMRP-50’s recommendation, the Board determined that your FOS should remain.  In this regard, the Board considered the totality of your performance record and determined that, even after the correction to your performance record, the impact on your fitness reports’ relative values was insufficient to conclude that your modified fitness report was the basis for your FOS.  The Board also noted that your report covered a very short reporting period and has been in your record for more than twenty years, during which you have been promoted three times.   Moreover, in accordance with the precepts that convene promotion selection boards, board members are mandated to select the best and fully qualified eligible officers up to the authorized allocation.  Further, the precept pertains to both above-zone and in-zone officers.  Accordingly, based on the competitiveness required for selection to the grade of Col the Board determined that the correction to your fitness report as a First Lieutenant was not significant enough to alter the promotion board’s decision.  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.