Docket No: 3030-20
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 26 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.  The Board also considered the 7 May 2020 advisory opinion (AO) furnished by Navy Personnel Command (PERS 3C) which you were previously provided.  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 a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove or modify the evaluation report covering the period from 16 November 2017 to 27 April 2018.  The Board noted you did not specify your requested relief but stated you were given a performance trait of “2” in “Personal Job Accomplishment/Initiative” and a promotion recommendation of “promotable.”  The Board considered your contention the block 43 comments do not support or justify the assigned “Personal Job Accomplishment/Initiative” mark.  You further contend the mark has had an adverse effect on you resulting in the loss of orders to highly desirable pre-commissioning units.  The Board further considered your contention this transfer evaluation report is “an example of abuse, malicious in nature and intended to negatively impact [your] future career prospects and progress.” 
  
The Board, however, substantially concurred with the AO.  In this regard, the Board noted the evaluation report was not adverse or declining, as defined by the governing instruction, nor did it contain adverse comments, performance traits, or promotion recommendation.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,