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


Docket No: 9353-18 
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 19 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 11 December 2018 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 1 December 2015 to 31 October 2016 and the 14 November 2017 Letter Supplement.  You also request that the contested report be replaced with the corrected report for the same reporting period and that your Performance Summary Report (PSR) for the reporting period be changed to reflect your updated average.  Lastly, you request that your official military personnel file (OMPF) be updated to include your Navy and Marine Corps Commendation Medal awarded on 17 January 2018 and that four records in your OMPF belonging to other Service members be removed.  The Board considered your contentions that your reporting senior (RS) initially submitted an inaccurate report, and that, after a discussion, your RS submitted a corrected fitness report and Supplemental Letter.  You assert that future boards will see PSR rating values that are factually inaccurate and will not see the changes unless they scroll through your record.  
  
The Board, however, substantially concurred with the AO that the contested report was corrected by your RS with the submission of the Letter Supplement.  In this regard, supplemental material does not replace the original report, nor does it change the information on your PSR.  The Letter Supplement was added to your file.  Accordingly, a notation will appear in your record to indicate that supplemental material has been placed in your image file.  The Board noted that the addition and review of supplemental material is not only a common occurrence in the Navy and does not negatively impact a Service member’s competitiveness, it is, per BUPERSINST 1610.10E, the only means of modifying a fitness report that has already been filed in the OMPF, and a supplemental letter, as in your case, is the only authorized means for correcting a substantively inaccurate report.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   
 
Regarding your request to update your OMPF to include your Navy and Marine Corps Commendation Medal awarded on 17 January 2018 and to remove four records belonging to other Service members, the Board determined that you have not exhausted your administrative remedies.  In this regard, you must submit an administrative change request to PERS-312 for an update of your awards and removal of erroneous documents.  
 
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.