Docket No: 8329-20 
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 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 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 9 December 2020 advisory opinion (AO) provided by the Navy Personnel Command (PERS-32).  The AO was provided to you on 15 December 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.  
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 carefully considered your request to remove your fitness report for the reporting period 19 November 2016 to 7 September 2017.  The Board considered your contentions that your period of observation was less than three months, your senior rater discriminated against you after she learned that your spouse was a man, and your senior rater noted that you were not recommended for retention until your military bearing improved, which meant being gay.  You also contend that you did not receive copies of the counselings noted in block 43.  You claim that you requested to demobilize because your father-in-law died, your home was damaged after hurricane Irma and you needed to care for your dogs while your spouse was away, and your senior rater’s attitude towards you changed after your request.  
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your fitness report is adverse, contains three adverse performance traits, adverse comments, and a ‘Significant Problems’ promotion recommendation.  The Board also noted that according to the Navy Performance Evaluation System Manual (EVALMAN) reporting seniors (RSs) have a duty to report significant and persistent weaknesses and to provide justification when three or more traits are marked 2.0.  The Board determined that your RS provided appropriate justification to substantiate your 2.0 trait marks.  The Board found no evidence of discrimination or evidence that your reporting officials violated the EVALMAN when processing your fitness report, and you provided none.  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, 
9/5/21
Executive Director