DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1141-16 JAN 09 2017 Dear , This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 12 October 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis 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. The advisory opinion provided by NPC memo 1430 Ser 812/0181 dated 25 August 2016, was sent to you on 7 September 2016 for an opportunity to comment prior to being considered by the Board. A copy of this advisory opinion is again enclosed. After the 30 day period for comment expired without a response, the case was presented to the Board. After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. While the Board agreed that you were not provided the opportunity to take the advancement exam due to no fault ofyour own, a Performance Mark Average was unable to be established with the two Performance Evaluations that you submitted; the evaluation submitted with the end date of 1October2014 is in the rate ofE3 vice E4 and the evaluation submitted with the end date of 15 June 2015 does not fall within the dates set within the NAV AD MIN for cycle 096. Accordingly, your application has been denied. The names and votes ofthe members ofthe panel will be furnished upon request. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director