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

Docket No: 3223-19 
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 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 22 March 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32). The AO was provided to you on 22 March 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 your evaluation and counseling record  (Eval) for the reporting period 16 July 2017 to 15 July 2018.  The Board considered your contention that you have another Eval covering the same time period, causing an overlap of Eval reports. 

The Board, however, substantially concurred with the AO, noting that the contested Eval was needed to establish a performance mark average for advancement to E-4.  The Board noted that you also received a periodic report in the grade of E-3 for the period of 16 July 2017 to 15 July 2018 that overlaps the report in question.  The Board concurred with the AO that the reporting period for that Eval is in error and that you may submit an administrative change letter to correct this error.  The Board determined that this correction will also provide Eval report continuity and correct the overlap in reports.  The Board thus concluded that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting removal of the contested Eval. 

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,