Docket No: 416-20
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 application on its merits.  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 22 January 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 to the AO, you did not do so. 
 
The Board carefully considered your request to remove your Remove Evaluation Report and Counseling Records (Evals) for the reporting periods 29 January 2008 to 8 June 2008 and 4 October 2008 to 8 May 2009.  The Board considered your contentions that you were not aware of the Eval ending 8 June 2008, and that you did not acknowledge with a signature.  You also contend that the Eval is unjust and inconsistent with the data on your Performance Summary Report (PSR), therefore should be removed.  The Board also considered your contention that your Eval ending 8 May 2009 should be Not Observed (NOB) vice graded due to being in a student status during the reporting period, and that the Eval overlaps another Eval on file ending 15 November 2009. 
 
The Board, however substantially concurred with the AO that both Evals are valid as written and filed, and there are no errors regarding these Evals on your PSR.  Additionally, there is an error on your Eval for the reporting period 4 October 2008 to 15 November 2009, however, it does not require Board action because the required corrections can be made administratively by you submitting an Administrative Change Letter to PERS-32 to correct block 14 to read 09MAY09 vice 08OCT04. 
 
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,