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

EN1     USN 

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 27 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 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  Advisory Opinion (AO) provided by the Navy Personnel Command (PERS-32) dated 23 November 2020.  The AO was subsequently provided to you via email, 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 Record (“Eval”) for the reporting period 16 November 2018 to 15 January 2019.  The Board considered your contention that the lack of supporting documentation in your record warrants removal of the Eval.   
 
The Board, however, substantially concurred with the AO that the Eval is valid as written and filed in accordance with the applicable Navy Performance Evaluation System (PES) guidance.  Specifically, the lack of documentation in your record for the nonjudicial punishment (NJP) you received during the reporting period does not invalidate the Eval nor does it overcome the presumption of regularity that the NJP, as noted in the Eval, occurred.  The Board also noted you did not contend the NJP did not occur nor did you take the opportunity to submit a statement after reviewing the Eval and refusing to sign.  The Board thus concluded the Eval does not constitute probable material error or injustice warranting removal from 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, 

8/27/2021
Executive Director