Docket No. 6818-19
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  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 13 May 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 modify your fitness report to “not observed” for the reporting period 3 December 2004 to 13 April 2005, and removal of all failures of selection.  The Board considered your contention that you did not graduate from your Primary Military Occupational Specialty (PMOS) school until 2 December 2005, and pursuant to MCO 1001.65, “observed time begins with the first observed performance evaluation after graduation.” 
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that you are extrapolating retention guidance intended for initially untrained officers and attempting to apply it to a career progression scenario, as MCO 1001.65 specifically pertains to matriculating lieutenants that need to accrue a minimum observation threshold prior to consideration for career designation.  Here, you previously attained the PMOS of 1803 and served a full tour in an AAV battalion, to include combat.  The Board also determined that serving in a billet that you were untrained for does not necessarily invalidate the report because Marines routinely serve in billets without any associated formal training, and your reporting officials acknowledged the on-the-job nature of the contested report.  The Board thus concluded that modification of your fitness report, and removal of any failures of selection is not warranted.  
 
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,