DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4345-20 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 11 May 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 this 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, as well as the 24 June 2020 advisory opinion (AO) furnished by the Navy Personnel Command (NPC) (PERS-32). The AO was provided to you on 26 June 2020, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your fitness reports for the reporting periods 2 March 2009 to 13 March 2009 and 1 June 2009 to 12 June 2009. The Board considered your contentions that your reports were submitted against your willful knowledge, your reports are causing a break in continuity, there is an evaluation in your record covering the contested periods, and the reports were a deliberate attempt to sabotage your service record. You claim that you were told that the chief petty officer selection board does not look back to 2009, you made the board four times, but have not been promoted. 

The Board, however, substantially concurred with the AO that your fitness reports are valid. In this regard, the Board noted that both reports are not observed (NOB), and they were issued during periods of active duty training/active duty special works (AT/ADSW). The Board also noted that according to the Navy Evaluation Manual (EVALMAN), reporting seniors will prepare NOB/Detachment of Individual reports with comments for every period of active duty greater than 10 days and less than 90 days, and submit the report at the conclusion of the training period. The Board noted, too, that you acknowledged your contested reports and determined that your fitness reports were prepared and issued according to the EVALMAN. The Board found no evidence of a deliberate attempt to sabotage your service record or that your reports had a negative impact on your promotion opportunities and you provided none. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting further corrective action. 

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, 
5/17/2021 

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