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


Docket No: 8660-18 
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 that 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, sitting in executive session, considered your application on 6 November 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, as well as the enclosed 2 April 2019 advisory opinion (AO) furnished by Navy Personnel Command (NPC) (PERS-32) and your response. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 4 December 2009 to 16 July 2010 and your 10 July 2016 Administrative Change Letter.  The Board considered your contentions that a previous Board granted the removal of all information related to your non-judicial punishment (NJP), Board of Inquiry (BOI), and discharge, and that this includes the removal of the 4 December 2009 to 16 July 2010 report and Administrative Change Letter, as they relate to the contested report.  You assert that the presence of the report would make it obvious to a selection board member that you experience some form of adversity, and that, because another not-observed report covering a reporting period during your assignment to Commander, Naval Surface Forces Atlantic (COMNAVSURFLANT) was removed, the contested report, which is also not observed, should be removed, too. 
   
The Board, however, substantially concurred with the AO that the contested report is valid.  In this regard, the previous Board’s decision directed the removal of adverse material and did not specify or direct the removal of non-adverse fitness reports.  PERS-32 removed the adverse report for the reporting period 1 November 2009 to 3 December 2009 and replaced it with a memorandum for the record.  The Board determined that the contested fitness report is not adverse and does not contain adverse comments.  Moreover, the Board opined that removing the report would not remove all pertinent information about the period of your assignment with COMNAVSURFLANT.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   
 
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.