DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7384-18 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 22 October 2019. 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 26 August 2019 advisory opinion (AO) furnished by the Navy Personnel Command (NPC) (PERS-32). The AO was provided to you on 4 September 2019, 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 16 September 2016 to 24 July 2017, and to reinstate your advancement to senior chief petty officer/E-8. The Board considered your contentions that the removal of your recommendation for advancement was improperly punitive, because paragraph 721 of BUPERSINST 1430.16F, the Advancement Manual for Enlisted Personnel of the U.S. Navy and U.S. Navy Reserve, provides that removal of a recommendation for advancement is considered an administrative action that may not be directed as punishment. You also assert that your arrest for driving under the influence (DUI) was an isolated incident and not part of a pattern of misconduct. Further, you contend that, while you accept your nonjudicial punishment for your misconduct, the removal of your recommendation for advancement was unjust and directed as punishment. The Board, however, substantially concurred with the AO that the fitness report is a valid report. In this regard, your reporting senior (RS) was within his authority to issue the fitness report removing your advancement recommendation after your arrest for DUI. The Board noted that you admitted to DUI after drinking alcohol at various bars before your arrest. In accordance with paragraph 722.b of BUPERSINST 1430.16G, a commanding officer may withdraw a recommendation for advancement at any time before the advancement’s effective date, if the member is determined to no longer qualify for advancement. In block 41 of the report, your RS noted that your DUI wass irresponsible and did not represent the high standards of conduct expected of a senior chief in the United States Navy. Moreover, the Board noted that you acknowledged the contents of the report and indicated that you did not intend to submit a statement. Accordingly, the Board determined that your RS acted within his authority to submit your “Significant Problems” evaluation revoking your promotion recommendation. 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.