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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 1 September 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 12 June 2009 to 28 September 2009 and to remove the fitness report from your master brief sheet.  The Board considered your contentions that the fitness report is inaccurate and unjust due to your Reporting Senior (RS) only observing you for 73 days, less than the minimum observation time stated in the Performance Evaluation System (PES) Manual and your RS not reviewing the billet description with you at the outset of the reporting period.  You also contend that your medical condition, unknown at the time, caused a decrease in your performance which in turn caused you not to complete Tactical Air Control Party (TACP) school.  You argue that the RS penalized you for not completing the school by giving you low marks in Sections D through H of the fitness report in violation of the PES Manual despite having commendatory material during the reporting period. 
 
The Board agreed with the AO that no evidence is available to determine that your diagnosis significantly impacted your performance to the extent that it warrants removal of the fitness report.  In addition, the Board noted that a fitness report is not invalidated due to RS omission of formal billet description counseling.  The Board also noted there was no evidence provided in the petition to support the claim that the report should have been marked as not observed due to non-availability.  Consequently, the Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file, and therefore, an adjustment to your master brief sheet is not warranted. 
 
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 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,