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

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 8 June 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 28 July 2020 advisory opinion (AO) furnished by 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 add a missing periodic evaluation report to your official military personnel file (OMPF).  You contend that you contacted your command several times to submit the evaluation report with no success and that you submitted the missing report directly to PERS-32.  The Board noted the AO stated that PERS-32 has no record of receiving the evaluation report and that PERS-32 contacted you via telephone and requested you to send the evaluation report via email but you did not send it.   
 
The Board noted that PERS-32 is allowed to include an evaluation in the official record “as is” when a command fails to respond.  The Board determined that you did not provide sufficient evidence to PERS-32 nor the Board for the error to be corrected; consequently, the Board concluded no modification to your record can be completed. 
 
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, 

6/25/2021
Executive Director