Docket No. 3558-20
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.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 1 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 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 19 May 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), which was 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 modify your two Evaluation Report and Counseling Records (Evals) for the reporting periods 1 October 2014 to 15 March 2015 and 15 March 2015 to 15 March 2016.  The Board considered your contentions that block 20 on both Evals have incorrect physical readiness test information that also reflects incorrectly on your Performance Summary Report (PSR). 
 
The Board, however, substantially concurred with the AO that the Evals were corrected by your Reporting Senior with Letter Supplements, as authorized by BUPERS Instruction 1610.10D, and that a notation on your PSR reflects that supplemental material is on file.  The Board thus determined that additional corrections to your record are not warranted.   
  
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,