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

Docket No: 1680-18 
Ref: Signature Date

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.

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 of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 16 January 2019. 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, advisory 
opinions (AO) furnished by the Performance Evaluation Review Board (PERB) dated 6 March 
2018, and applicable statutes, regulations and policies.

The Board, in its review of your entire record and application, carefully considered your desire to remove the fitness report periods covering 21 January 2014 to 19 May 2014 and 1 July 2014 to 
30 September 2014 from your official military personnel file. The Board considered your 
contentions that reporting officials were bias in their grading of your reports.  During the 
reporting period you state that both you and your spouse were dealing with medical issue that 
required you to miss multiple days of work. You also assert that reporting officials did not 
consider the recommendation of the medical officer to release you from your current duties.

The Board significantly agreed with the AO and concluded, that while the medical officer's 
recommendation has weight, the medical officer concluded that you were fit for full duty and
responsible for your actions. The Board opined that your previous reporting officials did 
consider the medical officer's recommendation, as evidenced by the fitness report period 
covering 1 July 2014 to 30 September 2014 in which you were assigned to an administrative 
billet. The contested fitness reports are not adverse and do not contain comments that indicate 
that you were derelict, negligent, or lacking in your duties as a result of medical issues. The 
Board concluded, the contested reports are administratively and procedurally correct as written 
and your petition lacked evidence to support your contention that the reporting officials were 
bias and did not consider the medical officer's recommendation.

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,




4/12/2019

Executive Director





























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