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 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. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  A three-member panel of the Board, sitting in executive session, considered your application on 9 February 2021.  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 10 January 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), 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 an evaluation report and counseling record dated 2 May 2019 to 22 June 2019.  You contend that the evaluation report violates several regulations of BUPERSINST 1610.10D and is therefore invalid.  Specifically, you contend that you did not require a peer group ranking, your designator in block 3 is omitted, and the period of report from date is incorrect based on the date of the previous evaluation report on file.  The Board noted that the PERS-32 AO recommended that these errors can be corrected via an Administrative Change Letter. 
 
The Board further noted the evaluation report is adverse due to numerous performance deficiencies that resulted in you receiving an early separation from mobilization.  The Board determined you failed to show that there was no rational support for the reporting senior’s 
comments or that the reporting senior acted for an illegal or improper purpose.  Consequently, the Board concurred with PERS-32 that the evaluation report is valid and shall remain in your record. 
 
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, 
2/18/2021
Executive Director