Docket No: 6102-19 
 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 18 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 modify your fitness report for the reporting period 1 July 2016 to 5 December 2016 by changing section 3.c. (Type) to “A” (academic).  The Board considered your contentions that during the reporting period you attended the Weapons Tactics Instructor (WTI) Course from 4 September 2016 to 23 October 2016, approximately eight weeks.  You assert that your report does not meet the intent of Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual because you were evaluated against other majors that were observed during the same reporting period.  You claim that your report would have been two “not-observed” reports, however, your command was exempt from submitting to and from temporary duty (TD) fitness reports. 
 
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 your fitness report cannot be changed to an academic report because your evaluation was not written on your performance in an academic environment and the majority of the reports’ evaluation comprised your performance in your assigned duties at your parent command.  The Board also noted that the PES Manual specifically provides that commands are not to submit TD reports for Marines attending the WTI course as students or support personnel.  The Board further noted that your reporting officials did not indicate your assignment to the WTI course as a period of non-availability, but did reference your attendance at the course in their comments.  The Board determined that the omission of a Directed Comment was a harmless administrative error and does not invalidate your report.  Moreover, your report could not be changed to “not observed” because the reporting period covered 158 days, even if your attendance at the WTI course was noted as a period of non-availability, the reporting period still covered approximately 109 days, which is more than the 90 day required minimum period of observation.  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,