DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket 3047-16 FEB 22 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 16 November 2016. 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 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. The Board also reviewed the advisory opinion provided by in Headqua11ers Marine Corps (MMRP-13/PERB) dated 30 March 2016 ("AO"), which was sent to you on 30 March 2016 for an oppo11unity to comment prior to being considered by the Board. After the 30-day period for comment expired without a response from you, 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. [n this regard, the Board substantially concurred with the comments contained in the AO. Specifically, the Board noted that although there was a fitness report waiver ofpolicy letter signed and dated 7 years after the contested repo11 was submitted, the waiver ofpolicy is not retroactive and does not apply to reports written prior to the issuance of the waiver. 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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director