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

Docket No: 6464-20 
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 22 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 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 29 September 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  The AO was provided to you on 6 October 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 original fitness report for the reporting period 16 March 2017 to 31 October 2017 and to modify your Performance Summary Record (PSR) to reflect the PSR from your corrected fitness report.  The Board considered your contentions that two copies of your fitness report are in your record (a rejected copy and corrected copy).  You claim that your original fitness report was rejected because a member was not included in the summary group. 
 
The Board, however, substantially concurred with the AO that your fitness report record is valid.  In this regard, the Board noted that your original fitness report was received by PERS-32 and your fitness report was returned to your reporting senior (RS) for correction.  The Board also noted that after 180 days PERS-32 did not receive a response from your RS, therefore, your fitness report was accepted to the record according to the Navy Performance Evaluation System Manual (EVALMAN).  The Board noted, too, that your RS submitted a corrected fitness report for the same period, however, your corrected report was received and placed in your record after your original report was already accepted to your record.  The Board determined that your corrected fitness report constitutes supplemental material and according to the EVALMAN, supplemental material does not replace the original report in your record, nor does it change the information of your PSR.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting 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, 
 
7/6/2021
Executive Director