DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No: NR&208-14
9 April 2015
This is in reference to your application dated 3 July 2014 for
correction of your naval record pursuant to the provisions of title
10 of the United States Code, section 1552.
You again requested removal of the fitness report for 3 June to
2 September 2011. In your previous case, docket number 1076-12, this
~equest was denied on 26 April 2012. In your current case, you also
requested removal of the letter-supplement dated 5 June 2014 to che
1on Memo signed by the
ec documentation; and
contested fitness report; removal of the Ac
Secretary of the Navy on 17 May 2012 with rel
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h three-member wane. oF Tne Soerc ror Lorrecllon of Weve. Recoras,
Sitting in executive session, considered your application
@ April 2015. Your allegations of error and inju
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, the Board's file on your
previous case, and applicable statutes, regulations and policies..
In addition, the Board considered the advisory opinions furnished
by the Navy Personnel Command dated 22 December 2014 and 14 January
2015 with enclosure, copies of which are attached, and your letter
dated 20 February 2015 with enclosures.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. in
this connection, the Board substantially concurred with the acvisory
opinions. The letter-supplement did not persuade the Board that the
fitness report at issue was not marked accurately and fairly. In
this regard, the Board particularly noted that the reporting senior
did not state the adverse information in block 41 (“Comments on
Performance”) was untrue. In view of the above, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
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 evidence within one
year from the date of the Board’s decision. New evidence is evidence
not previously considered by the Board prior to making its decision
in this case. 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,
ROBERT J. O’NEILL
Executive Director
Enclosure
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