DEPARTMENT OF THE NAVY 

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

Docket No: 8585-17 
MAR 04 2018 

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. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 31 January 2018. 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 ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record, and 
applicable statutes, regulations, and policies. The enclosed advisory opinions (AO) were sent to 
you on 10 October 2017 for an opportunity to comment prior to being considered by the Board. 
After the 30 day period for comment expired without a response, the case was presented to the 
Board. 

The Board carefully considered your desire to remove the fitness reports for the reporting period 
11 August 2004 to 8 October 2004 and 11 November 2004 to 27 January 2005 from your official 
military personnel file. The Board considered your contentions that both fitness reports should 
be "not observed" since each covers a period of less than 90 days, and the Reporting Sen_ior did 
not justify in Section I comments ofeither fitness report why he was invoking an exception to 
policy. The Board significantly concurred with the AOs regarding both fitness reports and 
concluded that you did not sufficiently substantiate the existence ofan error or injustice. The 
Board determined that removal ofthe fitness reports is not warranted. 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