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 29 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 18 June 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 remove your original 20 January 2018 to 6 March 2019 Fitness Report and Counseling Record, and to correct your performance summary record (PSR).  The Board considered your contention that the report contains erroneous information, and that information is reflected on your PSR.  You assert that your command submitted a corrected report for the same reporting period, and that the corrected report is also in your official military personnel file (OMPF).  You also argue that having the originally submitted report in your OMPF may cause confusion about your performance when being considered by future selection and promotion boards. 
 
The Board, however, substantially concurred with the AO in that your OMPF has already been corrected in accordance with BUPERS Instruction 1610.10D, and that a notation will appear on your PSR to indicate that supplementary material has been placed in the image file.  Moreover, selection boards are briefed that any supplemental changes are the report of record and the board members should disregard the evaluative information on the original report. 

You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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, 
5/4/2021
Executive Director