Docket No: 1197-20
Ref: Signature Date


  
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 18 March 2021.  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 the 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 19 November 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-328) and the 20 November 2020 Office of Legal Counsel (PERS-00J) AO.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board determined that your personal appearance, with or without counsel, would 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.   
 
The Board carefully considered your request to have your promotion to Commander/O5 reinstated, removal of all related adverse material filed in Field Code-17 of your official military personnel file, and removal of the associated Fitness Report and Counseling Record for the reporting period 2 July 2016 to 31 October 2016. 
 
The Board considered your contention that the Joint Special Operations Command (JSOC) investigation, along with the decision to uphold the removal of your name from the promotion list deprived you of due process and rights associated with such proceedings.  You also contend that the Secretary of the Navy removed your name from the promotion list based solely on the highly deficient investigation, and that you received unjustly low marks on your fitness report.  You argue that you were not given an opportunity to make a statement during the JSOC investigation and that you did not know what you were being accused of.   
 
The Board, however, substantially concurred with the both AOs that you failed to rebut the presumption of regularity and provided no evidence that a material error or injustice occurred which would warrant corrective action. 
  
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,