Docket No: 3975-18 
Ref: Signature Date 
 
Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to 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 28 May 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, 2 May 2018 advisory opinions (AO) furnished by the Performance Evaluation Review Board (PERB), as well as applicable statutes, regulations and policies. 
 
The Board carefully considered your desire to remove fitness reports for the reporting periods 5 June 2014 to 15 January 2015 and 17 January 2015 to 30 June 2015.  The Board considered your contentions that the attribute marks and relative value of 82.76 and 80.00 for the respective fitness reports did not accurately reflect your actions or performance, the attribute marks are not in line with the Reporting Senior’s Section I comments, and the reports are below the Reporting Senior’s (RS) and Reviewing Officer’s (RO) average.  You also provided examples of your performance as they compare to the assigned attribute marks. 
 
The Board substantially concurred with the AO and determined that, in accordance with the Performance Evaluation System Manual, “there is no scale to match attribute markings with Section I comments,” nor is such a scale feasible.  Further, a report is not considered unjust solely because the relative value or comparative assessment mark are rated lower than other reports.  Thus, the Board determined your request lacked sufficient evidence to support the 
reports were in error or unjust to justify removal.  Therefore, the Board concluded the contested fitness reports shall 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 submission of new matters.  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. 
 
                                                                     Sincerely, 
 
07/20/2019
Executive Director