Docket No: 6064-19
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 13 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 the 30 May 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 remove your fitness report for the reporting period 1 May 2014 to 14 May 2015.  You assert that your reporting senior (RS) was under investigation during the reporting period, and resulted in him being relieved of command.  The Board considered your contention that the investigation negatively affected the command climate, and adversely influenced the marks on your fitness report. 
 
The Board, however, substantially concurred with the PERB that your petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting removal or of the fitness report.  In this regard, the Board noted that you failed to provide any evidence that your RS was subject to an investigation or subsequently relieved of his duties, or that your RS was otherwise not eligible to perform the duties as a reporting official.  The Board determined that, even if your RS was under investigation, there is no supporting evidence that it negatively impacted the command climate.  Additionally, the report itself lacks any overt evidence that your RS did not properly document your performance and conduct during the reporting period covered.  Lastly, an assumption can be made that if you RS was otherwise ineligible to properly evaluate you during this particular timeframe, then the Battalion Commander, and your report reviewing officer (RO), would have taken necessary precautions to ensure report integrity. However, your RO concurred with 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,