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. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 24 August 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 Navy Personnel Command advisory opinion (AO) furnished by PERS-32 of 9 October 2020.  The AO was provided to you on 23 July 2021, and you were given 30 days in which to submit a response. 
 
The Board carefully considered your request to remove the evaluation report and counseling record covering the period 4 January 2020 to 1 March 2020 and the Administrative Change letter dated 12 February 2020, that made changes to the evaluation report ending 3 January 2020.  Your command had previously submitted a detachment fitness report ending 3 January 2020, your original detachment date.  However, the report was extended to 1 March 2020, as you did not transfer on 3 January 2020 due to being the subject of a command investigation.  The evaluation refers to the investigation and “Significant Problems” (SP) is marked for promotion recommendation.  You contend that the evaluation is unjust as it was used as punishment, an alternative to corrective action, and reprisal in violation of BUPERSINST 1610.E.   
 
The Board noted that the evaluation was submitted in accordance with the aforementioned reference; and that the reporting senior (RS) had the authority to refer to the investigation due to the investigation being completed.  The Board concurred with the AO that you did not furnish sufficient evidence to substantiate your contention that the evaluation was used as punishment or that the RS acted improperly and concluded that the evaluation and Administrative Change Letter shall remain in your record.   
 
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, 
9/10/2021
Deputy Director