Docket No: 708-19 
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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 11 February 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 enclosed 4 February 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) and your response.   
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 December 2017 to 30 April 2018.  The Board considered your contentions that the fitness report was downgraded from your previous report without justification, your reporting senior (RS) did not provide a written counseling, and the fitness report excluded notable achievements and accomplishments noted on previous reports.   
 
The Board, however, substantially concurred with the AO’s opinion that the contested report is valid.  In this regard, the AO explained that a decline in performance is defined as receiving lower grades in two or more performance traits, in the same pay grade, by the same reporting senior (RS).  The Board noted that, because the RS for the contested report is not the same RS for your previous report, the contested report is not a declining report.  The Board determined that each report is unique to the period evaluated, and that the RS for the contested report is not beholden to your previous achievements or accomplishments.  The Board also noted that the contested report covers a period of five months, and was issued prior to the required mid-term counseling.  Moreover, your RS justified your trait marks by noting that you struggled with satisfying your responsibilities in the areas of meeting deadlines, quality of work products, and maintaining unit morale.  The Board determined that your RS acted within his authority and in accordance with BUPERSINST 1610.10D, the Navy Evaluation Manual, in preparing the contested report.  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.