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 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 29 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 5 November 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), and your rebuttal. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 November 2016 to 30 June 2017.  The Board considered your contention that the Block 40 recommendation, and the Block 41 comments were changed to remove the “CO Afloat" and “Command at Sea” statements, due to a report that you made about first-hand knowledge of sexual misconduct of senior officers within your organization.  You assert that this fitness report is adversely affecting your ability to advance.   
 
The Board, however, substantially concurred with the AO.  In this regard, Board determined that your reporting senior was within his discretionary authority to make a recommendation for your future programs or assignments, and a deviation from a previous recommendation is not a violation of the Performance Evaluation System guidance.  The Board thus concurred with the AO that your fitness report is not adverse, contains no adverse comments and the career recommendations assigned are the sole responsibility of the reporting senior.  Nothing in your petition indicates the reporting senior acted for illegal or improper purposes or that the fitness report lacked rational support.  
 
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 attachés 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,