Docket No: 5491-19
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 1 July 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS 32), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to modify the occasion of your evaluation report and counseling record from “Special” to “Periodic” for the reporting period 16 November 2016 to 9 November 2017.  You assert that the evaluation was the E-6 “Periodic” evaluation but was marked “Special” due to a change of command.  The Board considered your contention that the occasion of the evaluation has had an adverse effect on your advancement, and that there are no extension letters or periodic evaluations dated 15 November 2017. 
 
The Board, however, concurred with the AO that your contested evaluation meets the requirements of BUPERS Instruction 1610.10D for a Special report, and that it does not support your request to change the occasion for report.  Specifically, the Board noted that, although submission of the report was optional, your reporting senior submitted observed Detachment of Reporting Senior reports for all of his enlisted E-6 sailors as authorized by BUPERS Instruction 1610.10D.  Although your reporting senior furnished an advocacy letter a year after the evaluation was written, the Board concluded that your contested evaluation is valid, and that you have not sufficiently demonstrated material error or injustice warranting modification of the evaluation. 
 
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,