Docket No: 4436-19 
Ref: Signature Date 


This letter is in reference to your application of 19 April 2019 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 5 May 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 August 2019 advisory opinion (AO) furnished by Navy Personnel Command (NPC) (PERS-32) and your response. 

The Board carefully considered your request to remove your fitness report for the reporting period 5 October 2018 to 17 February 2019.  The Board considered your contention that the fitness report was an incorrect copy of your Periodic report that was submitted without the approval of your parent command.  You claim that there is a “Regular” report from your parent command that covers the same period, and retention of the contested report negatively skews your Performance Summary Report (PSR). 

The Board, however, substantially concurred with the AO that your fitness report is valid but contains an error that can be corrected administratively.  In this regard, the AO noted that block 17 of your contested fitness report is incorrectly marked Regular, and the signature of your Regular reporting senior is required as authorization for a Concurrent report.  The Board noted that your Regular reporting senior submitted a Periodic/Regular fitness report for the reporting period 5 October 2018 to 28 February 2019, and determined that although the period of your contest report overlaps your Periodic/Regular report, your contested report is still valid.  The Board also determined that your contested fitness report can be corrected administratively.  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 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.