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 3 November 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 29 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 1 November 2014 to 31 December 2014.  The Board considered your contentions that the reporting period of 60 days was inadequate, that your reviewing officer (RO) did not observe you sufficiently, and that the fitness report is the reason you were not selected to the rank of gunnery sergeant for Fiscal Year (FY) 2018. You argue that for your next fitness report your reporting senior (RS) had a chance to properly evaluate you and you received a 100.00 relative value, which proves that the contested report is inaccurate.    
 
The Board concurred with the AO that the RS correctly included a Section I Directed Comment invoking exception to policy for the report period being less than 89 days, as is authorized by the Performance Evaluation System (PES) Manual, and that the PES Manual states that the RO and the Marine reported on do not have to be co-located in order for observation to occur.  The Board also noted that every report is separate from all prior or subsequent reports; thus, the fact that you received a top fitness report the following period does not invalidate the contested report.  Consequently, the Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
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,