Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 27 October 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 9 October 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 remove the fitness reports for the reporting periods 8 July 2017 to 31 January 2018 and 1 February 2018 to 1 January 2019.  The two fitness reports were marked as “Promotable.”  You contend the fitness reports did not accurately represent your performance and that you experienced racism at the command during the reporting periods.   
 
The AO recommended your request be denied as they found no evidence to establish the existence of injustice concerning the fitness reports.  The Board noted that the fitness reports are not adverse and contain no adverse performance trait marks or comments.  The Board further noted that you signed the fitness reports and declined to make a statement.  With respect to the racism allegation, no evidence was provided to support your allegation and there is no documentation to show that you filed a complaint or requested an investigation.  The Board determined that your reporting senior’s promotion recommendation was valid.  Consequently, the Board concurred with PERS-32 that the contested evaluation is administratively correct and concluded that it shall remain in your official military personnel file. 
 
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,