DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 686-20  

Dear : 

This is in reference to your latest reconsideration request for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. You previously petitioned the Board and were advised in our letters dated 29 November 20017 and 14 May 2018 that your application was disapproved. 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 9 March 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, the advisory opinions (AO) provided for your previously considered cases, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

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. 

The Board considered your request to remove the Page 11 counseling entry of 26 January 2011 and the fitness report covering the period 1 November 2010 to 27 January 2011. You contend that the Page 11 and fitness report were reprisal against you for reporting the misconduct of senior leadership in the command. The Board noted that you failed to provide any new and material evidence for reconsideration. In the absence of sufficient new and material evidence for reconsideration, the decision of the Board is final. Subsequently, the Board found that the recommendations previously provided in the AOs are still applicable to your reconsideration case and concluded that no adverse personnel action was taken against you for your participation in the submission of the Inspector General complaint. 
 
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, 
3/19/2021