Docket No. 6815-19
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 2013 to 14 May 2013.  The Board considered your contentions that your reporting senior (RS) should have opted to extend the previous fitness report as the contested fitness report is only 73 days prior to the last and the relative value is detrimental to your Master Brief Sheet.   
 
The Board concurred with the AO that the reporting period covered constituted 103 days, more than the 89 days authorized to extend a report in accordance with the Performance Evaluation System (PES) Manual.  Moreover, the Board noted that your RS has the authority to decide whether to extend a report; the PES Manual does not specificy when a report has to be extended.  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,