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. 
 
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 March 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 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 Navy Personnel Command advisory opinion (AO) furnished by PERS-32 on 3 March 2020 and the AO furnished by PERS-8 on 6 March 2020, which were both 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 the evaluation report and counseling record covering the period 16 November 2018 to 15 September 2019 and to be reinstated to Chief Petty Officer and NEC A151A (Flag Writer).  You contend that the adverse evaluation was unjust as it states false and unsubstantiated comments.  
 
The Board noted that the evaluation was submitted in accordance with BUPERSINST 1610.10D; the reporting senior is allowed to submit a Special report to withdraw a promotion recommendation and you exercised your right to submit a statement in rebuttal.  The Board concurred with the PERS-32 AO in that you did not furnish sufficient evidence to substantiate your contention that the evaluation was unfair and procedurally defective and concluded that the evaluation shall remain in your record.  The Board further determined that as the evaluation report is valid there are no grounds to reinstate the recommendation of promotion to Chief Petty Officer or NEC A15A (Flag Writer). 
 
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,