DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 8267-19 
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 10 September 2019. 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, a 9 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and applicable statutes, regulations, and policies. The AO was provided to you on 9 August 2018, 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.

The Board carefully considered your request to modify the reporting senior (RS) portion of your fitness report for the reporting period 1 November 2014 to 18 January 2015 to reflect, “not observed” or “extended.” The Board considered your contentions that the contested report covers 78 days, immediately follows a semi-annual (SA) fitness report, and the RS and reviewing officer (RO) comments do not match the graded attributes.

As part of the review process, the PERB reviewed your request and provided an AO to the Board. The Board substantially concurred with the AO’s opinion that the contested report is administratively and procedurally correct. In this regard, extended reports are intended for use when a Marine’s performance has not changed since the submission of the last SA report and another reporting occasion comes due within 89 days or less. Consistent with the AO, the Board noted a slight improvement in the overall relative value of your report, both at processing and cumulatively, from 84.36 to 86.59.  In consideration of the increased relative value and detailed comments by the RS, removing the attribute marks and comments would be more detrimental to your performance history. Further, the purpose of Sections I and K are not to justify attribute marks, but to provide a more complete and detailed evaluation of your professional character and potential. 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 the 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,