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  
25 August 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 both of the 13 May 2019 advisory opinions (AOs) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which were 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 4 June 2004 to 31 July 2004.  You contend that your reporting senior did not justify in Section I why he wrote an observed report for a reporting period that was less than 89 days.  The Board noted that the PERB modified this report’s occasion from Annual (AN) to Semi-Annual (SA), and while the report period covered did not meet minimum requirements for an observed report for an AN occasion, the Board determined that, after the PERB modification of the report’s occasion, the report period covered met the minimum observation requirements for a SA report, and did not require a directed comment in Section I. 
 
The Board also carefully considered your request to modify your fitness report for the reporting period 11 May 2008 to 3 July 2008.  The Board considered your contention that the Marine Corps recognized and created a waiver for the problem with fitness reports for Officer Candidate School (OCS) staff augmentees years after your report was issued, and that this report falls into the body of evidence to support the approved waiver for OCS staff augment fitness reports.  You also contend that this report does not reflect your performance during the reporting period due to the unique environment at OCS, institutionally-hindered opportunity to excel, and limited, true observation time. 
 
The Board, however, substantially concurred with the PERB that your petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting modification of the fitness report, in accordance with the Performance Evaluation System (PES) manual.  The Board noted that the OCS waiver referenced was promulgated eight years after the report processing and did not include any provision for grandfathering prior reports.  The fully observed report was mandated by pertaining PES manual guidance regarding From Duty (FD) occasions.  Specifically, “[d]ue to the significance of temporary duty assignments, the RS must submit an observed report, unless the temporary assignment is an academic environment and an observed evaluation is not feasible.”  The Board also determined that your reviewing officer (RO) clearly stated in Section K.4 that his observation of you “merits an observed report,” which would have authorized the report even if the waiver had been in effect. 
 
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,