Docket No: 6071-19 
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 28 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 enclosed 30 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 30 May 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. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 February 2018 to 26 March 2018.  The Board considered your contentions that the period of observation was minimal, you were not counseled before the submission of your fitness report, and you were not given time or milestones to show improvement.  You assert that your adverse fitness report, due to performance related adversity was unfair and resulted in your relief of duties.  You also claim that your command used you as a scapegoat for two suicide-related cases, which was the reason for the adverse report. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that section F.1 (Leading Subordinates) of your fitness report was marked adverse, your reporting senior (RS) provided the required justification to support the adverse nature of your report, and both your reviewing officer and Third Officer Sighter concurred.  The Board also noted that the reporting period was less than the 90 day minimum observation period required by Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual.  However, the PES Manual permits the submission of fitness reports for periods of 89 days or less when the RS determines that the observation resulted from meaningful personal contact.  In your case, and in accordance with the PES Manual, your RS noted the circumstances for your report and provided justification in section I to invoke the exception to policy.  The Board noted, too, that your RO noted that your efforts to improve did not produce acceptable sufficient progress or desired results after being counseled on numerous occasions.  The Board determined that counseling can take many forms, the PES Manual does not require counseling, and the lack of counseling does not invalidate your contested report.  Lastly, the Board found no evidence that your reporting officials acted contrary to regulations or used you as a scapegoat.  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.