Docket No: 7522-19
Ref: Signature Date


Dear : 
 
This letter is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted 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 6 October 2020.  The names and votes of the panel members 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 the 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 30 July 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 the reporting senior (RS) portions of the fitness report for the reporting period 12 April 2002 to 30 June 2002, to include the relative value generated on your master brief sheet.  You contend that the period covered by the report is only 79 days and that your RS did not have enough meaningful observation time to submit an observed report. 
 
The Board, however, agreed with the AO that your RS correctly included a Section I comment justifying submission of the report despite not meeting the minimum observation requirements, as directed in the Performance Evaluation System (PES) Manual in effect at the time that the subject report was issued.  Specifically, your RS specifically stated that he had enough time to observe you due to constant interaction throughout the reporting period.  The Board concurred with the PERB that the contested report is administratively correct and therefore concluded that no relief was warranted.   
 
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,