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 28 January 2021.  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 27 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 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. 
 
The Board carefully considered your request to remove your Fitness Report and Counseling Records for the reporting periods 1 November 2012 to 31 May 2013, 1 June 2013 to 31 October 2013, and 1 November 2013 to 31 October 2014, and replace them with a memorandum for continuity. The Board considered your contention that the reports were likely written in reprisal after you reported a sexual assault incident that occurred in the workplace on 14 December 2012.  You assert that these three fitness reports will be considered as declining and will hinder your promotion opportunities, despite you being the best qualified and top candidate. 
 
The Board, however, substantially concurred with the AO that the reports, which were written by two different reporting seniors, are not declining, and that they are valid as written and filed.  The Board also noted that your allegations of reprisal have not been substantiated.  Specifically, in accordance with Department of Defense Directive (DoDD) 7050.06, Military Whistleblower Protection, the Naval Inspector General conducted a preliminary inquiry (PI) into your allegations and determined no further investigation was warranted under DoDD 7050.06.  Moreover, the Department of Defense Inspector General reviewed the results of the PI and concurred with the findings. 
 
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,