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

Docket No: 1821-19 
Ref: Signature Date 

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.
 
A three-member panel of the Board, sitting in executive session, considered your application on 3 March 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. The Board also considered the enclosed 20 February 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 modify your fitness report for the reporting period 1 February 2013 to 11 December 2013.  (You incorrectly described the reporting period of the contested report as 2 January 2013 to 12 November 2013.) The Board considered your contention that Block 29 incorrectly describes your primary duty as “ OFFICER.” You assert, however, that you served as the physical therapy department head and acting department head for lab/radiology/pharmacy for the duration of the reporting period. You also assert that the previous two fitness reports correctly reflect your duty as “DEPT  .” The Board noted that you signed by the report, acknowledging the contents and your right to submit a statement, and that you indicated on the fitness report that you did not intend to submit a statement.
 
The Board substantially concurred with the AO and determined that, pursuant to BUPERS Instruction 1610.10C, the requested change is supplemental, and requires a letter-supplement for a revised fitness report. Specifically, the original reporting senior (RS) may submit supplementary material within two years after the ending date of the report. The Board noted that, although the report in question exceeds this period, your original RS shall be allowed to submit the letter-supplement for a revised report. 

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 submission of new matters, which will require that you 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,