DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7002-18 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 20 August 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 12 July 2018 advisory opinion (AO) furnished by the Performance Evaluation Review Board, a copy of which was previously sent to you for comment, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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. The Board carefully considered your request to remove the fitness reports for the reporting periods 1 May 2017 to 7 August 2017. The Board considered your contention the statements in the report are embellishments of facts, lack proof, and you never received a verbal or written counseling. You also contend that the statements in the contested report are not a true representation of your performance during the reporting period and the reporting senior (RS) demonstrated bias through the exorbitant amount of changes to the contested report to meet his agenda. Lastly, the RS and reviewing officer (RO) continually showed bias against you, exaggerated the truth, and treated you differently than many of the other pilots in the command. The Board concurred with the AO that the contested report is administratively and procedurally correct. The Board noted that the contested report was marked adverse in the areas of “Performance”, “Initiative”, “Setting the Example” and “Communication.” The Board also note the RS’s justification that your relief was due to loss of trust and confidence in your professionalism and leadership abilities, and your failure to interpret and act upon the Commander’s intent, present yourself for duty, utilize common military customs and courtesies, and to communicate solutions effectively. The Board determined that based on the aforementioned justification, your relief for cause is justification to render the report adverse. Moreover, the Board found no evidence that the report is not an accurate representation of your performance during the reporting period. Concerning your contention that you did not receive a verbal or written counseling. The Board determined that, while recommended, a counseling is not required. Concerning your contention that the RS demonstrated bias as proven by the various revisions of your fitness report. The Board concurred with the AO and determined that the RS’s revisions of the report did not violate the Performance Evaluation System (PES) Manual. Further, in accordance with regulations, you confirmed that you saw each revision of the report. The Board found no evidence of bias by the RS or RO and you provided none. The Board thus concluded that there is no probable material error or injustice in the report, and therefore corrective action is not warranted. 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.