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 6 October 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 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 your adverse fitness report for the reporting period 10 May 2018 to 4 June 2018.  The Board considered your contention that your reporting senior (RS) marked the report observed with only 20 days of observation, which is not in accordance with guidance in the Performance Evaluation System (PES) Manual.  You also contend that the issuance of an Administrative Remarks (Page 11) counseling entry (initially mistakenly issued as a 6105 counseling) demonstrates your RS’s bias. 
 
The Board noted that the Page 11 is not referenced in your contested fitness report, and therefore is immaterial to your request to remove the report.  Moreover, the Board substantially concurred with the AO.  In this regard, your RS invoked an exception to the 90-day observation period for an observed report, and provided valid Section I comments for purposes of invoking exception.  The Board thus concluded that this report is deemed valid as written. 
 
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,