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

Docket No. 6290-20
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 applications on 15 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies, as well as the  Advisory Opinion (AO) provided by the Navy Personnel Command (PERS-32).  The AO was provided to you on 7 December 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your Evaluation Report & Counseling Records (“Evals”) for the reporting periods 16 November 2017  to 15 November 2018 and 16 November 2018 to 15 November 2019, and to replace them with the [Administrative Separation] Board Finding/Recommendation sheet.  The Board considered your contention that “All charges were dismissed and found not guilty which had a[n] effect on my promotions status.” 
 
The Board, however, substantially concurred with the AO that the Evals are valid as written and filed, in accordance with the applicable Navy Performance Evaluation System (PES) guidance.  Specifically, the Administrative Separation Board’s retention recommendation does not override your Reporting Senior’s authority to evaluate your performance during the reporting period.  
 
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, 

7/28/2021
Executive Director