Docket No: 6074-19 
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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 11 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, as well as the 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 Marine Reported On (MRO)/reporting senior (RS) relationship, you did not receive task or counseling from your RS, and your billet description and accomplishments were made up after the fact.  You assert that your RS wrote your fitness report to fill administrative time while you were pending administrative matters.  You claim that you were temporarily assigned to the G-3 future operations section (FOPS) to avoid a conflict of interest with a Marine in the G-3 current operations section (COPS). 
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 the reporting period was more than the 90 day minimum observation period required by Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual.  The Board also noted that your temporary assignment from COPS to FOPS was within the same G-3 department and that your reviewing officer (RO) previously assessed your performance.  The Board thus determined that your reporting officials were not only authorized to write an observed fitness report, they were also familiar with you and your performance.  Furthermore, the Board found no evidence that a MRO/RS relationship was not established or that you did not receive task or counseling from your RS.  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 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, 
 
9/10/2020

Deputy Director