DE ARTMENT OF THE NA VY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1592-16 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 ofthe United States Code, section 1552. 

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 issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitatioµs and consider your application on its merits. A three­member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 8 May 2017. The names and votes of the members of the 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. In addition, the Board considered the advisory opinion (AO) provided by Navy Personnel Command (PERS-32) dated 30 November 2016. 

You were issued a Regular/Periodic Fitness Report and Counseling Record ("FITREP") for the reporting period 1 November 2012 to 31 October 2013. In response to the FITREP, you submitted a statement for the record. The Board considered your desire to have the contested FITREP removed from your record. The Board considered your argument that the FITREP is not based on verifiable facts, resulting in an unfair evaluation, and that it was written as punishment for reporting suspected time-card fraud and requesting to be removed from the work environment. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. In 
this regard, the Board significantly concurred with the comments and recommendation in the 
AO. Accordingly, your application has been denied. 

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. New evidence is evidence not previously considered by the Board. In this regard, it is impo1tant 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, 

Executive Director