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. 
 
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 21 July 2020.  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, as well as applicable statutes, regulations, and policies.  The Board also considered the 10 January 2020 advisory opinion (AO) furnished by the Navy Personnel Command, which was previously provided to you. 
 
The Board carefully considered your request to amend your fitness report and counseling record for the reporting period 1 October 2016 to 31 January 2017 by changing the promotion recommendation from Significant Problems (SP) to Promotable (P).  You contend that NAVADMIN 304/17 made policy changes to the Physical Readiness Program requiring reinstatement of an Officer Promotion status to at least “P” upon the successful completion of one Physical Fitness Assessment (PFA) following a failed PFA.  You assert that you failed cycle 16-1 PFA and passed cycle 16-2 PFA on 1 May 2017.  However, due to the fact you needed a change of command fitness report prior to taking the cycle 16-2 PFA, you unjustly received a second “SP” promotion recommendation.  The Board also deliberated your contention that this report negatively impacts your competitiveness for promotion. 
 
The Board noted that NAVADMIN 304/17 became effective on 21 December 2017.  As stated in the AO, the ending date of the contested fitness report is prior to the effective date and is not applicable.  In addition, the Board noted that you had the ability to submit a rebuttal to the contested report and that you chose not to.  The Board determined that your reporting senior’s action to comment on your performance and to assign a promotion recommendation was in accordance with BUPERSINST 1610.10D.  The Board further noted that no evidence was provided that your reporting senior acted improperly.  Consequently, the Board concurred with PERS-32 that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
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 the 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,