DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 3952-20 
Ref: Signature Date 

Dear : 
This is in reference to your latest reconsideration request. You previously petitioned the Board for Correction of Naval Records (Board) and were advised in our letters dated 4 May 2017 and 3 May 2019 that your application was disapproved. After careful and conscientious consideration of your new matter, not previously considered by the Board, the Board found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

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 that a personal appearance was not necessary and considered your case based on the evidence of record. 

A three-member panel of the Board, sitting in executive session, considered your application on 27 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. 

In your first petition to the Board (Docket #2331-16) you requested removal of the original submitted fitness report for the reporting period 1 February 2013 to 19 July 2013 and the supplemental fitness report letter dated 4 June 2014. In your first reconsideration request to the Board (Docket #10124-18) you requested the same and to remove your failure of selection incurred by the Fiscal Year (FY) -19 Active Duty O4 Promotion Selection Board. 

The Board carefully considered your current request to remove from your record the cover letter to the supplemental Fitness Report for the period 1 February 2013 to 19 July 2013. You contend that the cover letter is unjust and unfair as it violates BUPERSINST 1610.E and directly thwarts the intent of the appeal authority by referencing the non-judicial punishment (NJP) that had been set-aside. 

The Board noted that BUPERSINST 1610.E only prohibits reference to NJP proceedings that do not result in a finding of guilty or award of punishment in the fitness report comment block. In addition, as stated in the Navy Personnel Command (PERS-32) Advisory Opinion dated 23 November 2016, there is no error in your record containing both the original fitness report, and the supplemental fitness report. Consequently, the Board determined that continued inclusion of the supplemental cover letter is not an error as there is no BUPERSINST violation and it is not an injustice because the supplemental cover letter fully explains the circumstances leading to the supplemental fitness report; that you originally received NJP and that the NJP was set-aside after you admitted that the incident occurred and successfully completed the rehabilitation plan.
 
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, 
5/20/2021 

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