Docket No. 6001-19
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
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 application on its merits.  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.  The Board also considered the 29 January 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 modify your fitness report for the reporting period 2 October 2012 to 14 June 2013.  The Board considered your contention that your reporting senior (RS) issued you the “not observed” report, however, your reviewing officer (RO) indicated that he had “sufficient” observation and that he “concurred” with your RS.  Additionally, your RO marked you in the “five block” of his comparative assessment, and the marking is affecting your profile and competitiveness for promotion and command opportunities.  
 
The Board, however, substantially concurred with the PERB, noting that your request omits any endorsement from your reporting officials.  The Board also noted that you reference MCO 1610.7A, but at processing, MCO P1610.7F pertained.  Normally, Performance Evaluation System (PES) manual policy guidance is relatively consistent amongst various order versions, but in this case the difference between versions is significant.  The Board noted that the updated PES manual guidance that you referenced pertaining to academic reports did not pertain in 2013 when you graduated from Command and General Staff College, and that the updated guidance is not necessarily retroactive to previous reports processed prior to implementation. 
 
The PES manual guidance in effect on the end date of your report stipulated that reporting officials “[r]eport academic and training duty as a student like regular duty” and that reporting officials “must observe and report all aspects of a Marine’s performance, potential, and professional character, as appropriate.”  Specific guidance pertaining to report ROs stated, “[r]eviewing officers must complete section K; however, completion of items 3 (Comparative Assessment) and 4 (Reviewing Officer Comments) are optional on reports for MROs undergoing entry level training at TBS and initial MOS qualifying schools.” 
 
The Board determined that your contention that the RO observation of the report makes you less competitive for promotion and command opportunities is speculative and lacks merit, as that does not constitute grounds to modify the report. 
 
The Board thus concluded that the report was administratively correct, procedurally complete and valid at the time of submission, and remains as such.  The PERB determined, and the Board concurred, that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting modification of the report.  
 
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, 
 
9/8/2020

Deputy Director