Docket No. 6758-19
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 15 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 27 June 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 February 2018 to 31 March 2018.  The Board considered your contentions that the reporting period of 53 days was inadequate, that your reporting senior (RS) did not observe you sufficiently, that the RS and Marine Reported On (MRO) relationship was not established, and that your report was not an accurate assessment of performance and professional character. 
 
The Board concurred with the AO that the RS correctly included a Section I Directed Comment invoking exception to policy for the report period being less than 89 days, as is authorized by the Performance Evaluation System (PES) Manual.   The Board also noted that the PES Manual states that the RS and the MRO do not have to be co-located in order for observation to occur.  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. 
 
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,