DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1294-20 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 February 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 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. The Board also considered the 21 February 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-328), as well as your rebuttals. 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 remove three fitness reports for the reporting periods 14 October 2017 to 31 January 2018, 1 February 2018 to 31 January 2019, and 1 February 2019 to 23 July 2019, as well as any other reports issued while assigned to ( ). The Board also considered your request to direct the convening of a special selection board (SSB). The Board considered your contention that you were punished by a Detachment For Cause (DFC) request that was disapproved, and unjustly issued a negative fitness report. You also assert that you were a victim of domestic violence which, despite ultimately resolving in your favor, negatively impacted your relationship with your Command due to local media and international political pressure. You contend that your Commander’s request for your DFC, unjust fitness reports, as well as her request that you be removed from the advancement list, displays her extreme prejudice and bias in her views regarding your personal situation. The Board noted that you were serving as a Public Affairs (PA) Officer and led region-wide PA efforts for all Department of Defense (DoD) components on , to include Naval Base, Air Force Base, as well as the , and the . In September 2018, the Commander, removed you from duties as the public spokesman for due to significant unresolved personal issues involving your family, which had reached public and media attention. Your commander determined that although no prosecutable misconduct had been substantiated by the Incident Determination Committee or local law enforcement authorities, the negative public attention created by the incident and subsequent events involving your social media interaction with the public made it untenable for you to represent or speak on your Commander’s behalf or the DoD on any official matters to the media or public. Instead, you were assigned duties in support of the public affairs mission that did not involve directly engaging with members of the public or media. The Board, however, substantially concurred with the AO that the contested fitness reports are valid as written and filed, and that your evidence is insufficient to establish the existence of probable injustice. The Board noted that it was within your Commander’s discretionary authority to remove you from duties as public spokesman for “due to significant unresolved personal issues involving [your] family, which had reached public and media attention.” Although you assert that the reports ending 31 January 2018 and 31 January 2019 are negative, the Board determined that they contain no adverse performance traits or comments, and that you also received the highest promotion recommendation of Early Promote on both reports. With regard to your report ending 23 July 2019, the Board noted that the report was required due to your reporting senior’s (RS’s) detachment, and that it does not mention the pending request for your DFC. The Board also noted that a Preliminary Inquiry was conducted regarding your social media comments made on 6 June 2019. The Investigating Officer found that despite being directed on several occasion not to be the spokesman for the , you repeatedly put yourself in a position where you were acting as the representative. The Board noted that your RS documented performance deficiencies that had a negative impact to the mission, which substantiated the adverse nature of the report. Based on the foregoing, the Board determined that your case does not warrant relief. 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, Executive Director