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

Docket No: 2061-19 
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 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 31 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, as well as applicable statutes, regulations, and policies.  The Board also considered the enclosed 26 February 2019 advisory opinion (AO).  The AO was provided to you on 26 February 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 and replace your fitness report for the reporting period 3 January 2013 to 4 November 2013.  The Board considered your contentions that your reporting senior (RS) inadvertently checked “Promotable” in Block 42 (promotion recommendation), and that your RS admits the mark was in error. 

The Board, however, substantially concurred with the AO and determined that the report is a valid report, properly submitted by the RS and accepted by PERS-32.  The AO also noted that reconsideration by the RS or a member’s failure of selection will not justify late submission of supplementary material. Additionally, all members should periodically review their records, and complete this review at least six months prior to any board convening date to allow time to correct discrepancies. The Board thus concluded that your fitness report does not constitute probable material error or injustice warranting removal from your OMPF. 

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 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,