DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490   
 
Dear Petty Officer : 
 
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 7 September 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 on 1 April 2020, which was previously provided to you; although you were afforded 30 days in which to submit a response, you did not do so.  
 
The Board carefully considered your request to remove the evaluation report and counseling record covering the period 16 November 2018 to 15 November 2019 and letter of extension dated 8 February 2020.  You contend the evaluation was unjust because the report is a decline from your last evaluation, the promotion recommendation changed from ‘Early Promote’ to ‘Promotable’ without justification, and the report did not characterize your performance accurately.  
 
The Board noted the evaluation is declining in three performance traits and promotion recommendation from the subsequent report with the same reporting senior (RS).  The Board concurred with the AO that the RS did provide justification for the decline, “verified lapse in judgment and maturity, adversely affecting command morale”, as required by BUPERSINST 1610.10D.  The Board determined you did not furnish sufficient evidence to substantiate your contention that the evaluation was unfair or the RS acted improperly and concluded that the fitness report and letter of extension 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,
9/16/2021
Deputy Director