Docket No: 11000-19 
Ref: Signature Date 


Dear : 
 
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 19 January 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, as well as the 16 December 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  The AO was provided to you on 18 December 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 16 June 2018 to 27 August 2018.  The Board considered your contention that your adverse evaluation was issued for being delinquent in obtaining your Enlisted Surface Warfare Specialist (ESWS) qualification pursuant to OPNAVINST 1414.9A, the Navy Enlisted Warfare Qualification Programs Instruction.  You also contend that OPNAVINST 1414.9B lifted the requirement for obtaining any warfare qualifications, and left it to the warfare sponsor to give specific requirements.  You claim that when your fitness report was issued, there was no such requirement by the command. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and your record should remain unchanged.  In this regard, the Board noted that according to the Navy Evaluation Manual (EVALMAN), your reporting senior (RS) was required to submit a special evaluation report to withdraw your advancement recommendation.  The Board also noted that your RS withdrew your advancement recommendation due to your delinquency in achieving your ESWS qualification and for receiving Extra Military Instruction on 23 August 2018.  The Board also determined that according to the EVALMAN, your failure to achieve your ESWS qualification was a valid basis for your RS to withdraw your advancement recommendation.  The Board noted, too, that OPNAVINST 1414.9B was effective after your contested reporting period, and determined that OPNAVINST 1414.9B does not apply to your fitness report.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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,