Docket No: 9636-19 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 24 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, as well as the 10 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 10 October 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. The Board carefully considered your request to remove or modify your fitness report for the reporting period 1 January 2012 to 8 February 2012 by changing it to be not observed. You also request remedial consideration for promotion to gunnery sergeant (GySgt/E-7) if your fitness report is considered unjust. The Board considered your contentions that you were the only member of the command that was accused of wrong doing while other senior service members were assigned to the unit. You also contend that the period of observation by your reviewing officer (RO) was insufficient and unjust. 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 was marked adverse due to a loss of confidence in your ability to manage the Regiment’s Career Retention Program. The Board also noted that the reporting period covered did not exceed the 89 day minimum observation period, however, the Board determined that your reporting senior (RS) appropriately invoked an exception to policy in accordance with the Performance Evaluation System (PES) Manual. The Board also determined that as commanding officer, your RO sufficiently justified that adverse nature of your fitness report, demonstrated sufficient knowledge of your responsibilities and was not bound by any minimum observation limits. Based on the foregoing determinations the Board found no basis to warrant remedial consideration for promotion to GySgt. The Board thus concluded that there is no probable material error or injustice warranting corrective action. 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,