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 18 February 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 5 March 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), as well as your rebuttal. 
 
The Board carefully considered your request to remove your fitness report and counseling record for the reporting period 29 March 2019 to 4 July 2019.  The Board considered your contention that a very similar report for the reporting period 29 March 2019 to 17 October 2019 is in your record, and that retaining both reports in your record will reflect an “air gap” which could be looked at negatively by a promotion selection board.   
 
Although you requested, and prefer to have the contested report removed, the Board substantially concurred with the AO and determined that the contested report is not in error and it shall remain in your record.  Additionally, the Board determined that the error on your report ending 17 October 2019 may be corrected administratively by submitting an Administrative Change Letter to correct the “From” date, as recommended in the AO.  
 
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,