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

Docket No: 8724-18 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 12 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 15 November 2018 advisory opinion (AO) furnished by Navy Personnel Command (NPC) (PERS-32).  The AO was provided to you on 9 October 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.   
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 May 2016 to 30 April 2017 and to replace the contested report with your corrected fitness report.  You also request that your Performance Summary Report (PSR) be corrected to reflect 4.67 instead of 4.33, and that the PSR type for the contested period be changed to “Regular” instead of “Supplemental.”  The Board considered your contentions that your reporting senior (RS) inadvertently graded you below his cumulative average, and that your RS submitted a corrected fitness report and Supplemental Letter that should have replaced the erroneous report.  You also assert that the error resulted in your failure of selection for promotion to captain (CAPT/O-6). 
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted that supplemental material does not replace the original report in the official military personnel file (OMPF) or the PSR; instead, it only supplements the report.  When it does so, a notation will appear that indicates supplemental material has been placed in the image file of your OMPF.   The Board opined that the promotion board precepts direct promotion board members to review the entire record of members considered for promotion to the next higher grade, to include all supplemental material.  Moreover, the Board found no evidence that having the corrected fitness report in your OMPF as supplemental material resulted in your failure of selection, and you provided none.  Concerning your request to change the PSR type for the contested reporting period, you must first exhaust all administrative remedies by submitting an administrative change letter to PERS-32.  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.