Docket No: 1929-20 
 Ref: Signature Date 

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 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 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, as well as the 8 December 2020 advisory opinion (AO) furnished by Navy Personnel Command (PERS-32).  The AO was provided to you on 15 December 2020, 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 request to modify your fitness report for the reporting period 1 February 2019 to 31 January 2020 by changing your promotion recommendation from Promotable (P) to Early Promote (EP).  The Board considered your contention that your report is unjust because there is no evidence of misconduct or documentation for the lower mark.  You claim that it was a personal issue with your reporting senior (RS).  As evidence, you furnished your previous fitness report. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid.  In this regard, the Board noted that according to the Navy Evaluation Manual your fitness report is not declining, a change in promotion recommendation caused by force distribution is not considered a decline in performance.  The Board also noted that you were in a summary group of one on your previous fitness report with an EP promotion recommendation, during your contested reporting period you were in a summary group of two, thus, due to force distribution only one service member could be marked EP.  The Board determined that your promotion recommendation is not in error and the lack of documentation for misconduct or adverse performance had no bearing on your promotion recommendation.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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,