DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 3142-17 
MAR 05 2018 

Dear : 

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

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 1February2018. The names and votes of th:=e 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, relevant portions of your naval record and 
applicable statutes, regulations and policies. The enclosed advisory opinion (AO) was sent to 
you for an opportunity to comment prior to being considered by the Board. After the period for 
comment expired without a response, the case was presented to the Board. 

The Board carefully considered your desire to remove your fitness report (FITREP) for the 
reporting period 1 April 2005 to 28 March 2006. The Board considered your contentions that the 
Commanding Officer may take disciplinary action only ifhe has independently derived evidence 
and you were never given your Article 3l(b) warnings. The Board concurred with the AO's 
recommendation that the fitness report remain in your record. The Board noted the Command's 
actions did not constitute disciplinary action against you; the 6105 counseling was an appropriate 
administrative measure and the adverse FITREP was required by MCO Pl610.7. Additionally, 
although the analysis did not require discussion ofNAVADMIN 373-11 because it was not in 
effect at the time of your misconduct and contested FITREP, the Board concluded its decision 
would be the same ifthe NAVADMIN were applied because the Command took appropriate 
administrative action. Lastly, the Board determined there was insufficient evidence to support 
your contention that the command violated your rights. Accordingly, your application has been 
denied. 

It is regretted that the circumstances of your 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 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