Docket No. 4550-19
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 14 July 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 7 May 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS 32), and your 6 August 2019 rebuttal. 
 
The Board carefully considered your request to remove and replace your fitness report and counseling record for the reporting period 26 January 2018 to 10 December 2018, or add supplemental material to change blocks 14 to 46 of the report. 
 
The Board considered your contentions that your reporting senior (RS) submitted the contested fitness report without your knowledge, without your signature, and without providing you with a certified copy or an opportunity to submit a statement.  The Board also considered all of your purported efforts to ensure a timely and accurate fitness report, and that your RS disregarded those efforts.  In your rebuttal to the AO, you reiterated your request that the Board take appropriate action to remove, replace, or otherwise amend the fitness report so that your record and reputation are in no way adversely affected.  The Board considered your rebuttal material, to included your specific explanation why your record should reflect positive leadership and proactive contributions to improve the command climate and to develop professionally. 
 
The Board, however, substantially concurred with the AO that nothing in your petition indicated your RS acted for illegal or improper purposes or that the fitness report lacked rational support.  The Board thus determined that your request to remove the fitness report and replace it is not supported by BUPERS Instruction 1610.10D.  The BUPERS Instruction 1610.10D allows a RS to enter “Certified Copy Provided” in the member’s signature block when the report is not adverse.  Here, your fitness report is not adverse and contains no adverse comments, trait grades, or promotion recommendation.  The AO noted, and the Board concurred that your performance evaluation, standing within a summary group, and corresponding promotion recommendation are all responsibilities of your RS, and that it is not uncommon for members to disagree with their RS’s appraisal.  Furthermore, if the fitness report required amending to capture essential information that may have been omitted, you should have contacted your RS to request a supplemental report. 
 
The AO noted that the start date (block 14) of the contested report may be in error because it overlaps your fitness report on file for the reporting period 26 January 2018 to 29 April 2018, while you were on AT/ADSW orders for mobilization.  The AO recommended, and the Board concurred, that you may correct this administrative error by submitting an Administrative Change Letter to PERS-32. 
 
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,