Docket No: 6905-19 
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 that 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, as well as the 27 June 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 27 June 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.   
 
The Board carefully considered your request to remove your fitness report for the reporting period 24 May 2016 to 4 October 2016.  The Board considered your contention that your section I word picture does not align with your reporting officials’ assessment of your performance.  You also contend that your reporting senior (RS) took permissive temporary additional duty (PTAD) for house hunting after reporting to your command, your RS did not observe your performance during the entire reporting period, and your RS’s observation was bi-monthly and extremely limited.  You claim that your RS briefed you that due to your junior status, you would be marked low so that you had room to grow and your fitness report scores where changed to protect your reporting officials’ profile.   
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that the Marine Corps Performance Evaluation System (PES) Manual provides that periods of non-availability are 30 or more consecutive days when the RS or Marine was not available to perform his or her duties at the reporting command.  The Board found no evidence that your RS’s period of PTAD constituted a period of non-availability or that your RS’s observation of your performance was not sufficient to accurately evaluate your performance.  Moreover, you provided no evidence that your performance and conduct warranted higher marks than you received or that your reporting officials conspired to ensure your relative value was artificially lowered to achieve a pre-ordained report average or relative value.  Lastly, the Board determined that there is no scale to match attribute marks with section I comments.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.  
 
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,