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

Docket No: 1256-19 
Ref: Signature Date 

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 21 January 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, and applicable statutes, regulations and policies, as well as the enclosed 8 February 2019 advisory opinion (AO) furnished by Navy Personnel Command (PERS-32) and your response. 

The Board carefully considered your request to remove your fitness report for the reporting period 1 February 2018 to 24 August 2018.  The Board considered your contentions that the report should be “not observed,” because you were only present during 11 days of the reporting period, the contested report includes periods when you were participating in field operations, temporarily assigned for pre-deployment training, and deployed.  You also contend that the report is marked “certified copy provided,” however, you did not receive a certified copy of the report and you were not contacted for input. 

The Board, however, substantially concurred with the AO that the contested report is a valid report.  In this regard, the reporting senior was required to submit a “Detachment of Reporting Senior” report and the report is a “Regular” report that provides continuity.  The Board noted that the contested report is not adverse, contains no adverse comments, trait grades, or promotion recommendation.  The Board also noted that the contested report is not adverse, contains no adverse comments, trait grades, or promotion recommendation.  The report contains declining traits from your previous report by the same reporting senior; however, your promotion recommendation remained the same.  The Board determined that your permanent command was required to maintain regular report continuity and the deployed command submitted a concurrent report.  The Board found no evidence that the reporting senior’s assessment of your performance during the reporting period was not accurate or that he acted unjustly and you provided none. 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 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, 


2/20/2020