Docket No: 845-20
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 18 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, 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 5 February 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove and replace your 1 November 2018 to 
9 August 2019 Fitness Report and Counseling Record to reflect a correction to Block 40 (Command Recommendation).  The Board considered your contention that your commanding officer omitted an entry in error and has provided a statement of explanation and correction to PERS-32 via a supplemental letter.  You assert that all information in the replacement fitness report remains the same with the exception of “XO/CO Fleet up.” 
 
The Board noted that, on 18 January 2020, your Commanding Officer submitted a Letter Supplement that corrects the contested fitness report by adding to Block 40 “‘OX/CO Fleet up’ and ‘3/4 Star EA’ as two career recommendations for Service Member” and that the supplemental letter is filed in your official military personnel file, in accordance with BUPERS Instruction 1610.10D.  The Board substantially concurred with the AO that your request to remove the original fitness report and replace with a corrected fitness report does not comply with BUPERS Instruction 1610.10D. 

You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,