Docket No: 239-19 
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 24 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 4 February 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), as well as your 19 January 2020 rebuttal. 

The Board carefully considered your request to remove your report of enlisted performance evaluation (Eval) for the reporting period 16 June 1969 to 16 December 1969, and to recalculate your Good Conduct Medal eligibility, second award.  The Board considered your contention that you were not shown the Eval before it was made part of your record.  You assert that, had you been given the opportunity, you would have submitted a rebuttal to accompany the Eval. 
The Board, however, substantially concurred with the AO and determined that the Eval is valid. The AO noted that, pursuant to BUPERSMAN 3410150 did not require your signature during this time period. The AO also noted that BUPERSMAN 3410150 states that one of the requirements to receive a Good Conduct Medal is no mark below 3.0 in any trait within the period of eligibility.  The Board determined that you received a trait mark of 2.0 in Military Behavior, and therefore you were not eligible to receive the Good Conduct Medal. 

The Board also concurred with the AO that, while you may disagree with the reporting superior’s evaluation or comments, the reporting superior is charged with commenting on the performance or characteristics of each member under his or her command and determine what material will be included in an evaluation. The comments and performance traits marks assigned on a report are at the discretion of the reporting superior, and the Board determined that you did not demonstrate that the Eval is not a fair and accurate evaluation of your performance and accomplishments during the reporting period. 

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.