Docket No: 8141-19
Ref: Signature Date



Dear 
 
This 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 relevant portions of your naval record and your application, 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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 27 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 the15 August 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  Although you were afforded an opportunity to submit a rebuttal, you did not do so.      
 
The Board carefully considered your request to make the fitness report for the reporting period 8 July 2016 to 18 September 2016 non-observed.  The Board considered your contention that your Reporting Senior’s (RS) marks gave you a cumulative relative value (RV) that does not match his remarks.  You also contend that your RS did not observe you sufficiently as he was not present for a third of the short reporting period.  
 
The Board substantially concurred with the PERB’s decision to deny your request.  In this regard, the Board agreed with the AO that there is no scale to match RS comments and attribute grades and there was no evidence provided that the RS was not present for a third of the observation time.  The Board determined that the contested report is administratively correct and concluded that the report shall remain in your Official Military Personnel File (OMPF). 
 
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,