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.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 18 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.  In addition, the Board considered the advisory opinion contained in Commander, Navy Personnel Command letter 1610 PER-32 of 9 January 2020; a copy of which was previously provided to you for comment. 
 
A review of your record shows that you entered service with the Naval Reserve in 2008.  In 2015, you commenced a two-year program at .  During your attendance at , you were assigned two Not Observed (NOB) fitness reports from your command that documented your attendance.  Subsequently, you failed to be selected to O4 on three occasions resulting in your discharge from the Naval Reserve in January 2020.   
 
The Board carefully considered your arguments for removal of the two NOB fitness reports covering the period of 15 Aug 2015 through 31 January 2016 and 1 February 2016 through 31 January 2017.  You assert that you received these NOB reports due to no fault of your own since NIU does not issue fitness reports and these reports should be replaced with “No Fault Memorandums.”  Additionally, you request a Special Selection Board (SSB) to address the injustice created by your failure to select to O4 since you believe the two NOB fitness reports are the reason for your non-selection.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with advisory opinion in your case.  Specifically, the Board concluded there was no error or injustice with the issuance of the two NOB reports in question.  BUPERSINST 1610.10D allows for NOB reports to be issued during periods of service where a detailed assessment cannot be provided, including all periods that involve satisfactory academic performance.  Since you were attending   and not available for your command to observe your performance, the Board found that your command appropriately assigned you the two NOB fitness reports while you attended    .  Additionally, the Board concluded your request to replace the two NOB fitness reports with “No Fault Memorandums” was not supported by the evidence since it determined the fitness reports were issued according to applicable regulations and replacing the reports with “No Fault Memorandums” would not result in any substantive change to your record.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a SSB, the Board concluded that the evidence does not support relief.  Since the Board concluded the two fitness reports in question were issued appropriately by the Navy and not unjust, they found no basis to grant a SSB. 
 
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,