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

Docket No: 440-20                                                           
Ref: Signature Date 


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 29 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 Fitness Report and Counseling Record for the reporting period 1 November 2017 to 28 February 2818.  The Board considered your contentions that you received declining marks on this fitness report, without justification, and that the decline was not warranted because you had no prior legal or administrative action taken against you.  The Board considered your assertion that the fitness report was issued as a result of whistle-blower reprisal, and that you would like the Board to investigate this allegation further. 

With regard to your assertion that the fitness report was issued in reprisal, the Board noted that the Commander, Bureau of Medicine and Surgery Office of the Inspector General (BUMED IG) reviewed your allegation and determined there was no inference of causation between your protected communications and the unfavorable personnel actions under DoD Directive 7050.06.  Therefore, BUMED IG determined the allegation of reprisal was not substantiated.  Moreover, the Board is not an investigative body and thus relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, will presume that public officers have properly discharged their official duties. 

With regard to your contention that the fitness report is declining, without justification, the Board substantially concurred with the AO and determined that this contention is without merit, noting that nothing in your petition indicates that your reporting senior acted for illegal or improper purposes or that the fitness report lacks rational support. 
  
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, 
2/5/2021