Docket No: 8193-19 
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 20 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, as well as the 15 August 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 15 August 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.   
 
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 case on its merits. The Board carefully considered your request to remove your fitness report for the reporting period 21 February 2009 to 30 April 2009.  The Board considered your contentions that the reporting period covered 69 days during which you were geographically separated from your reporting senior (RS) for 55 days, thus the interaction did not result in meaningful observation and you did not receive a billet description or counseling from your RS.  You claim that you had professional differences of opinion with your RS that resulted in your report being based on conjecture instead of fact.  As evidence, you provided correspondence from your RS noting that your report should have been not observed or omitted.  
 
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 your fitness report has been in your record for more than ten years and you have been promoted twice since your reports processing.  The Board also noted your RS correspondence, however, the Board determined that your section I comments are favorable, comprehensive and appear to derive from a fully informed perspective of your performance.  The Board also determined that the Marine Corps Performance Evaluation System (PES) Manual does not require counseling or the co-location of reporting officials and the Marine Reported On for observation to occur.  The Board found no evidence of periods of non-availability, and the Board noted that your reporting period exceeded the required 31 days of observation for a semi-annual report.  Further, a personality conflict between the Marine Reported On and a reporting official does not invalidate your fitness report.  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,