DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2640-19 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 25 February 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, as well as the enclosed 26 April 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32). The AO was provided to you on 28 May 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 15 November 2017 to 17 August 2018, and your 17 August 2018 NAVPERS 1070/613 (Page 13). Alternatively, you request that all adverse matters be removed from the contested report. The Board considered your contentions that you were arrested in for driving while intoxicated (DWI) without being afforded due process, and unlawfully targeted by local police with no probable cause because your vehicle tags identified you as a foreigner. You also contend that there was no substantive police report or evidence that your blood-alcohol content (BAC) was .05% because the police report was not translated into English, you were only absent because of the illegal arrest, and your command’s staff judge advocate (SJA) led you to believe that she was your defense counsel. The Board, however, substantially concurred with the AO that your contested fitness report is valid. In this regard, the AO explained that, in accordance with BUPERSINST 1610.10D, the Navy Evaluation Manual (EVALMAN), an RS may submit a Special evaluation if needed to withdraw an advancement recommendation. Additionally, a Special evaluation may also be submitted if the RS believes that facts concerning misconduct should be placed on the record before the next reporting occasion. The Board noted block 43 of the contested report, in which your RS noted that the evaluation was submitted to withdraw your advancement recommendation to E-7, and that you failed to live up to Navy core values. The Board also noted that you were arrested for DWI with a BAC of .05%, in violation of legal limit (.03%). The Board determined that your contested report was submitted in accordance with the EVALMAN. Further, the Board determined that the RS was within his authority to issue your Page 13 documenting the withdrawal of your promotion recommendation. Concerning your contentions that the police had no probable cause, you were unlawfully targeted, and you were misled by the SJA, the Board found no evidence to support your contentions, and you provided none. The Board noted the documents and determined that the lack of English translation does not invalidate the documentation. The Board relies upon a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. 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. Sincerely, 4/2/2020