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

Docket No. 11178-16 
SEP 07 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U.S.C. §1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 2017. The names and votes of the members ofthe panel will be furnished upon request. Your allegations oferror 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, your naval record and applicable statutes, regulations and policies. 

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board carefully weighed all potentially mitigating factors, especially your contention that that an adverse fitness report and adverse documents, should not remain in your Official Military Personnel File (OMPF), because a Board of Inquiry (BOI) found you did not commit misconduct and voted to retain you in the Navy. The Board concluded these factors were not sufficient to remove your adverse fitness report ending 28 July 2016 and associated adverse material. Additionally, it is important to keep in mind that the BOI was to determine if you should be retained on active duty. As you were advised in the letter from Navy Personnel Command on 21 December 2016, the underlying material about misconduct may properly remain in your OMPF. Accordingly, your application has been denied. 

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. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board and may include evidence that you submitted to the BOI. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official navaJ record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director