DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD. SUITE 1001 
ARLINGTON VA 22204-2490 
Docket No: 2331-16 


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 will not materially add to their understanding ofthe issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 17 February 2017. The names and votes ofthe members ofthe 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 ofthis Board. Documentary material considered by the Board consisted ofyour 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) furnished by Navy Personnel Command (PERS-32) dated 23 November 2016, a copy of which was previously provided to you, as well as your rebuttal statement with enclosures dated 23 January 2017. 

The Board, in its review ofyour entire record and application, carefully considered your desire to have your fitness report for the reporting period 1 February to 19 July 2013 ("contested report") removed from your record and Performance Summary Report (PSR), and that the Supplemental Report for the same period remain in its place. In this regard, the Board considered your contentions and explanations ofhow the contested report incorrectly characterizes your performance of service and will unjustly, unfairly, and incorrectly prejudice you at future promotion selection boards. The Board determined that removal ofthe contested report from your record is not warranted. In this regard, the Board significantly concurred with the AO. Further, the Board noted that you failed to substantiate that members offuture promotion selection boards will ignore rules and instructions when selecting members for promotion. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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. 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 naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director