Docket No: 3348-20
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 13 April 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 7 May 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  The AO was provided to you on 12 May 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 or remove your fitness report for the reporting period 30 July 2016 to 7 December 2016.  The Board considered your contention that your fitness report was filed in error because your block 37 trait grade is missing.  You claim that according to the Navy Performance Evaluation System Manual (EVALMAN) the missing trait grade is required.  
 
The Board, however, substantially concurred with the AO that your fitness report should be retained as filed.  In this regard, the Board noted that PERS-32 received, rejected, and subsequently filed your report according to the EVALMAN and NAVADMIN 22/10.  The Board also noted that according to NAVADIN 22/10, the Chief of Navy Personnel permits an evaluation report to be accepted to a service member’s record “As Is” with a memorandum, when no response from the reporting senior is received after 180 days.  The Board determined that your fitness report was properly accepted to your record according to Navy regulations.  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,