DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8234-17 MAR 03 2019 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. 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. Consequently, your application has been denied. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2018. The names and votes of the members of the 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 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 Board considered the enclosed advisory opinion (AO) provided by Navy Personnel Command (PERS-32) and your rebuttal dated 18 April 2018. The Board carefully considered your desire to remove your fitness report (FITREP) for the reporting period 9 January 2016 to 31 January 2017 from your official military personnel file (OMPF). Additionally, through your rebuttal to the AO, you also request the removal of all FITREPs by the Reporting Senior from your OMPF. The Board noted the Reporting Senior is assigned as the Reporting Senior for the previous mentioned report, as well as the FITREP for the reporting period 1 February 2017 to 30 June 2017. The Board considered your contention that the FITREPs are unjust because they lack mid-term counseling, which prevented you from meeting the commanding officer's expectations and achieve an optimal FITREP for advancement. You assert that the Equal Opportunity report proves your claim that no mid-term counseling occurred. In regard to the FITREP for the reporting period 9 January 2016 to 31 January 2017, the Board significantly concurred with the AO, specifically, the FITREP indicates that the Commanding Officer provided performance counseling on 25 June 2016. Although your signature is missing in Block 32 of the FITREP, it does not prove that counseling was not performed and the lack of signature has no bearing on the validity of the FITREP. Additionally, the Board noted that the FITREPs are not adverse and do not contain any adverse comments, trait grades or promotion recommendation, and removal of the contested FITREPs is not warranted. 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director