Docket No: 4512-20 
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 21 July 2020 advisory opinion (AO) furnished by the Navy Personnel Command (NPC) (PERS-32).  The AO was provided to you on 30 July 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 report for the reporting period 29 March 2019 to 5 March 2020 and to investigate your command.  The Board considered your contentions that your command did not provide you with an adverse letter, your signature was not requested, and you were not provided with an opportunity to submit a statement.  You also contend that your trait grades for blocks 33-39 are unsubstantiated, your block 20 Physical Fitness Assessment (PFA) failure is false, your block 43 comments are unverifiable, not supported by documentation, and your reporting senior’s (RS’s) recommendation regarding future employment is a violation of the Navy Evaluation Manual (EVALMAN).  You claim that you were admitted to a mental health hospital during this period, you communicated to your command that you were experiencing financial hardships, and you lost your primary vehicle, but never failed to report to work.  You also claim that the accusation that you refused to complete separation requirements is false.   
 
The Board, however, substantially concurred with the AO that your fitness report is valid.  In this regard, the Board noted that the EVALMAN required your RS to submit an evaluation upon your permanent detachment and your RS was permitted to comment on persistent weaknesses as observed during his/her evaluation of your conduct and performance.  The Board also noted your RS’s justification for your block 33-39 trait marks and determined that your RS’s comments were sufficient to justify your trait marks.  Moreover, you acknowledged your report and provided no evidence that your RS violated the EVALMAN or Navy regulations.   
 
Regarding your request to investigate your command, the Board is not an investigative body and relies on a presumption of regularity to support the official action of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharge their official duties.  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
Executive Director