Dear : 
 
This letter 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 the 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 5 November 2020.  The names and votes of the panel members 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 the 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 13 September 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps Promotion 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 retract your fitness report for the reporting period 10 February 2018 to 30 September 2018 due to insufficient observation by the rating officials.   The Board considered your contentions that your reporting officials, who are both Reserve Marines, were not present for numerous drills during the reporting period, and that the report was hastily submitted after being 10 months late. 
 
The Board, however concurred with the AO and the PERB’s decision that the report is valid.  In this regard, the Board noted that you did not provide any evidence, other than your statement, to demonstrate that your reporting chain lacked sufficient observation over the course of the period of performance.  Additionally, although the delinquency of the late submission is unacceptable, it does not invalidate the report.  
 
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,