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

Docket No: 7572-19 
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 29 September 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 16 October 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  The AO was provided to you on 25 August 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, 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 June 2018 to 28 February 2019.  The Board considered your contention that your low marks in blocks 33 (Professional Expertise), 35 (Military Bearing/Character), 36 (Teamwork), and 37 (Mission Accomplishment and Initiative) are not warranted and your mid-term counseling was not performed.  You claim that the comments regarding gross negligence were problems that existed before you were assigned duties as the Food Services Officer and you took steps to correct the problems by requesting an assist visit.  You also claim that the assist visit was treated as an inspection, your division made a false entry that an accurate inventory was completed, and the ship’s Captain and Supply Officer denied any knowledge of the issues.     
 
The Board, however, substantially concurred with the AO that your fitness report is valid.  In this regard, the Board noted that your reporting period covered more than eight months.  The Board determined that your block 41 (Comments on Performance) statements provided by your reporting official were sufficient to justify the marks you received.  The Board found no evidence that your performance and conduct warranted higher marks than you received.  The Board also determined that the command investigation findings of fact were insufficient to conclude that references to gross negligence existed before your assignment.  Further, counseling takes many forms and the lack of a mid-term counseling does not invalidate your 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.   
 
Sincerely,