Docket No. 8187-19
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 the evidence submitted was 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 15 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 15 August 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 fitness report for the reporting period 22 January 2011 to 26 February 2011.  The Board considered your contention that the reporting period was only 35 days and that there was not meaningful contact with your reporting chain.  You assert that the low grading in marks also do not match the high praises in the Section I comments.  
 
The Board, however, substantially concurred with the AO.  In this regard, the Board determined that you failed to provide any evidence that your performance or conduct warranted higher marks than you received for your fitness report, and that you omit any endorsement from your reporting officials.  The Board also noted that your reporting senior properly invoked exception to established policy via the Section I comment, far exceeded the standard in place at the time for invoking exception to RS observation requirements.  The Board also noted that there is no scale to “match” comments and attribute markings.  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,