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

Docket No: 1542-19 
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 28 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 25 March 2019 advisory opinion (AO) furnished by Navy Personnel Command (PERS-32), and your response thereto. 

The Board carefully considered your request to remove your fitness report for the reporting period 11 May 2017 to 30 November 2017 and your 28 March 2018 Letter Supplement.  You also request that your corrected fitness report for the same period be retained in your record.  The Board considered your contentions that the original fitness report was submitted with errors, was corrected by the reporting senior (RS) with a Letter Supplement and revised report, and both reports are now in your record. 

The Board, however, substantially concurred with the AO that supplemental material does not replace the original report, nor does it change the information in your Performance Summary Record, it only supplements the original report.  The Board noted that PERS-32 has confirmed that both the contested and revised reports were received and processed.  The Board also noted that a notation will appear to indicate that supplemental material has been placed in an image file, and that information is available and visible to any board.  The Board determined that the retention of the original fitness report is in keeping with the Navy Evaluation Manual (BUPERSINST 1610.10D) and does not negatively impact your opportunities for future promotions or programs.  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, 

3/4/2020