DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8960-18 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 6 November 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 9 September 2019 advisory opinion (AO) furnished by the Navy Personnel Command, and your response. The Board carefully considered your request for reinstatement of your name to the Fiscal Year (FY) 2018 Reserve Lieutenant Commander (LCDR/O-4) Line Promotion List. The Board considered your contentions that you were penalized for your actions during your active-duty service through lack of promotion and subsequent separation from active duty. You assert that recommendations for your promotion to LCDR by former active-duty commanding officers (COs) and your U.S. Navy Reserve chain of command—and your outstanding performance record—have been unjustly overlooked. The Board noted that, on 17 December 2015, you pleaded guilty to driving while impaired (DUI) by alcohol on 31 July 2015 in On 28 July 2017, the Commander, Navy Personnel Command (CNPC) notified you that your promotion was being withheld and potentially removed due to a report of misconduct—specifically, your 31 July 2015 DUI. On 20 February 2018, the CNPC notified you that the Secretary of the Navy (SECNAV) had removed your name from the FY18 Reserve LCDR Promotion List. The Board substantially concurred with the AO. In this regard, the SECNAV is required to review and consider any adverse or reportable information concerning military officers selected for promotion who require approval from the President or Senate confirmation. The Board noted that, only after a review of the incident, documents you provided, and your entire record, the SECNAV removed your name from the promotion list. Regarding your contention that your removal from competitive billets during active service as punishment for your misconduct resulted in your failures of selection, the Board noted that the report of misconduct was not available to the active-duty promotion boards and thus had no bearing on your active-duty failures of selection. Moreover, the Board determined that the removal of your name from the FY18 Reserve Lieutenant Commander Line Promotion List was conducted in accordance with SECNAVINST 1420.1B, and that you were afforded the opportunity to submit a statement and supporting documents on your behalf, which were considered by the SECNAV. Moreover, the Board did not find the removal of your name from the promotion list unwarranted or excessive in light of your misconduct. 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.