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. 
 
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 17 December 2020.  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 4 February 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), and your rebuttal thereto. 
 
The Board carefully considered your request to remove your Fitness Report and Counseling Record for the reporting period 21 October 2017 to 31 January 2018, keep the supplemental fitness report in its place in your official military personnel file (OMPF).  You also requested that your Performance Summary Report (PSR) be corrected to reflect that you received 1 of  2 “Early Promote” recommendation vice the 1 of 2 “Promotable” recommendation.  The Board considered your contentions that the original fitness report was submitted and entered your OMPF with an erroneous evaluation and promotion recommendation, which also reflects erroneously on your PSR.  You assert that, even though a supplemental report has been submitted and entered into your OMPF, the erroneous fitness report remains, and the PSR still reflects data from the erroneous fitness report.  You also assert that, if the erroneous fitness report is not removed and the PSR/OSR corrected, promotion boards will not be able to see my appropriate ranking against my peers. 
 
The Board, however, substantially concurred with the AO.  Specifically, your OMPF and PSR were properly corrected in accordance with BUPERS Instruction 1610.10D, which does not require removal of the original fitness report.  Moreover, selection boards are briefed that any supplemental changes are the report of record and should disregard the evaluative information on the original report 
 
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,