Docket No. 6813-19
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 
22 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 28 June 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and your rebuttal. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 June 2016 to 31 July 2016, or alternatively, to modify the reviewing officer (RO) portion to “not observed.”  The Board considered your contention that your reporting senior (RS) did not explain that he had enough time to accurately and sufficiently observe you during the reporting period, as evidenced by his attribute markings on this report and your subsequent fitness report.   
 
The Board noted that your RS entered a vague Directed Comment in Section I regarding observation as purported justification to invoke exception to established policy regarding minimum observation requirements.  The Board also noted that the PERB did correct your contested report by modifying the RS portions to “not observed.”  The Board, however, substantially concurred with the AO that removal of the report would constitute an excessive degree of redress, as the reviewing officer observation criteria is different from the RS.  The Board thus concluded that this report, as modified by the PERB, is deemed valid. 
 
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 attachés 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,