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

Docket No: 3808-19 
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 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, and applicable statutes, regulations, and policies, as well as the 24 July 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  The AO was provided to you on 13 August 2019, and you were given 30 days in which to submit a response.  When you did not provide a response within 30 days, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your fitness report for the reporting period 8 May 2015 to 16 September 2015.  The Board considered your contention that the contested report is a Detachment of Individual, not-observed report that overlaps a Periodic report covering the reporting period 8 May 2015 to 15 March 2016.  

The Board, however, substantially concurred with the AO that your contested fitness report is valid.  In this regard, the AO explained that, during the contested reporting period, you were a student, and that, in accordance with BUPERSINST 1610.10D, the Navy Evaluation Manual (EVALMAN), the training activity (        ) was authorized to submit your report.  Additionally, the Board determined that, because you reported to your new command  (        ) on 15 October 2015, block 41 of your Periodic report is in error.  The Board also concurred with the AO that this error may be corrected administratively with the submission of an Administrative Change Letter.  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 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, 
4/15/2020