DEPARTMENT OF THE NAVY 

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

Docket No: 2177-17 
 
Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10 ofthe United States Code, Section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 23 August 2017. The names and votes ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of your naval record, and 
applicable statutes, regulations and policies. The Board also reviewed the advisory opinion (AO) 
provided by Navy Personnel Command (PERS-32) memorandum dated 9 June 2017, which was 
previously provided to you. 

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

The Board carefully considered your desire to remove your evaluation report (Eva!) for the 
reporting period 16 March 2010 to 30 January 2011 from your Official Military Personnel File. 
The Board considered your contention that your Eval contains derogatory comments that were 
directly related to an ongoing investigation and that the adverse comments violate Navy 
regulations. The Board determined that the removal of the contested fitness report is not 
warranted. In this regard, the Board substantially concurred with the comments and 
recommendation contained within the AO. 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director