Docket No: 3597-18 

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 for Correction of Naval Records (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, sitting in executive session, considered your application on 23 April 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, and applicable statutes, regulations, and policies. The Board also considered advisory opinion(AOs) furnished by the Performance Evaluation Review Board (PERB) dated April 2018, copies of which were provided to you for comment. 

The Board carefully considered your desire to remove the fitness reports for the reporting periods  December 2015 to  April 2016,  May 2016 to  April 2017, and  May 2017 to  June 2017.  The Board considered your contention that the reports do not truly reflect your performance of duties as evidenced by the numerous laudatory comments.  You also contend that you lacked proper billet guidance and the report for the reporting period 2 December 2015 to 30 April 2016 was not completed in a timely manner.

The Board significantly agreed with the AO and determined that Section I is not used to justify marks and there is no scale to match attribute markings with Section I comments. Further, the RS’s laudatory comments in Section I do not imply that the assigned marks are not an accurate reflection of your performance during the reporting periods. The Board found no evidence to suggest or conclude that any of the contested reports are an unfair representation of your accomplishments and overall performance. 

Regarding your contention that the report for the reporting period  December 2015 to  April 2016 was not completed in a timely manner, the Board determined that late submissions are unacceptable, however, it does not render the fitness report invalid. Accordingly, the Board concluded the contested fitness reports are administratively and procedurally correct as written and will remain in your record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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.