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

Docket No. 5236-20 
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on their merits. A three-member panel of the Board, sitting in executive session, considered your application on 29 July 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. 

The Board carefully considered your request to add a rebuttal statement, dated 2 April 1984, to your official military personnel file (OMPF). The Board considered your contention that the rebuttal is “required and necessary to understand the rebuttal” and that it provides clarification to your fitness report. 

The Board noted that you did not specifically identify or furnish a copy of the said fitness report. The Board, however, noted that your OMPF contains an adverse fitness report for the reporting period 1 August 1984 to 31 January 1985. In Block 24, you certified that “[you] have seen this completed report” and that “[you] have no statement to make” in effect, forfeiting your best opportunity to make a statement regarding the contents of the report. The Board noted that there does not appear to be any other report where you would be authorized, per Performance Evaluation System guidance, to submit a rebuttal. Regardless, the Board concluded that your petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting inclusion of a rebuttal statement in your OMPF more than 35 years after the fact. 

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, 
8/2/2021