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

Docket No: 2756-18 
Ref: Signature Date 


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 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 5 February 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, the enclosed and previously provided 28 March 2018 advisory opinion (AO) furnished by the Performance Evaluation Review Board (PERB), and applicable statutes, regulations, and policies.  The AO was provided to you on 28 March 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 desire to remove the fitness report for the reporting period 1 October 2006 to 9 February 2007.  The Board considered your contention that the report overlaps with another reporting period that provides a longer and more comprehensive evaluation of your performance and should be the evaluation of record. 

The Board significantly agreed with the AO and determined that the contested report represented your performance covering four months of time served in the billet of Platoon Commander, while the subsequent report represented your performance in a more senior billet under the purview of different reporting officials.  The Board noted the PERB’s corrective action of changing the start date of the subsequent report to 10 February 2007.  Under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in the Docket No: 2756-18 
contested fitness report.  The Board concluded that the contested fitness report should remain unchanged in your record.  
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters.  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,
6/10/2019