Dear : 
 
This 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 23 June 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, as well as applicable statutes, regulations, and policies.  The Board also considered the enclosed 13 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  Although the PERB’s AO was provided to you and you were afforded an opportunity to respond, you did not do so. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 March 2008 to 30 September 2008 or to change the observation of your reporting senior (RS) to non-observed and your request to remove all of your failures of selection (FOSs) to the grade of lieutenant colonel.  The Board considered your contentions that the word picture did not match the markings, that your report was completed a year late, and that you were observed by your RS and Reviewing Officer (RO) for only two days during the reporting period.  The Board also considered your allegation that you performed reserve annual training during the reporting period but unjustly no input was sought from your Officer-In-Charge at Marine Corps Intelligence Agency.  The Board also deliberated on your implicit contention that this report negatively impacted your competitiveness for promotion. 
 
The Board concurred with the PERB that the Performance Evaluation System Manual provides no requirement to “match” report comments with certain markings, that the report’s late submission does not invalidate the report, and that the omission of the reserve annual training 
report does not nullify the report.  The Board found no evidence, and you submitted none, that your RS/RO observation was limited to two days.  The Board concurred with the AO that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
With regard to your request to remove your FOSs to the grade of lieutenant colonel, the Board noted that the contested report is a fitness report not in-grade, and there were seven in-grade fitness reports available for consideration by the Fiscal Year (FY) 2018 USMC Lieutenant Colonel Promotion Board when you first failed selection.  Given that the contested report is valid and there were additional fitness reports to assess your promotion potential, the Board was not persuaded that the contested report caused your FY 2018, FY 2019, FY 2020, and FY 2021 FOSs.  The Board thus concluded that removal of your FOSs 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 the 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.