DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5344-18 Ref: Signature Date Dear This 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 9 July 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, a 18 June 2018 advisory opinion (AO) furnished by the Performance Evaluation Review Board, a copy of which was sent to you, and applicable statutes, regulations and policies. The Board carefully considered your request to modify the fitness report for the reporting period 2 February 2013 to 30 June 2013 to be marked as not observed. The Board considered the advocacy letter and your contentions that the reporting senior (RS) missed a period of non- availability from 2 February 2013 to 16 March 2013. Following this period, you only drilled for 10 days during the remaining reporting period, therefore the observation time was insufficient for the reporting officials to get a true picture of your performance in relation to your peers. The Board substantially concurred with the AO that the contested report is administratively and procedurally correct. The Board found no evidence to support periods of non-availability. The Board noted that excluding the contested period of non-availability the reporting period still exceeds the minimum observation time. The Board further agreed with the AO and determined, the disperse nature of Reserve sites and sporadic face-to-face contact is not an anomaly in the Reserve community. Additionally, the 10 days of drill time within a portion of a reporting period is not unusual. While the reporting senior request that the Board “consider adjusting it to a not observed report” the Board determined that the contested report is a valid observed report. The Board concluded the contested report is neither in error or unjust, thus the report will remain unchanged 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, 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.