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

Docket No: 10498-19                                                           
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 2 February 2021.  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.  The Board also considered the 30 December 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove the evaluation and counseling record for the reporting period 16 March 2017 to 15 March 2018.  The report is adverse; the reporting senior (RS) withdrew your advancement recommendation due to a consistently poor attitude, lack of motivation to achieve required qualifications within prescribed timelines, and lack of progress in growing and maturing as a Sailor and leader.  You argue that the report is invalid as you achieved your Enlisted Information Warfare Specialist (EIWS) qualification within the timeline.
 
The Board agreed with the AO that BUPERSINST 1610.10D allows a RS to submit a Special evaluation report to withdraw a member’s advancement recommendation.  The Board noted that no evidence was provided that the RS’s actions were not based on rational support or were for an improper purpose.  The Board determined that your RS’s action to withdraw your advancement recommendation was valid.  Consequently, the Board concurred with PERS-32 that the contested evaluation is administratively correct and concluded that it shall remain in your official military personnel file. 

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.   

Sincerely, 
2/17/2021 

Executive Director