Docket No. 3252-20
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  1 April 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 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. 
 
On 7 November 2016, you were issued a cease and desist order.  You were later counseled [Page 11] on 5 April 2018 for violating the 7 November 2016 order.  The Board carefully considered your arguments that the 5 April 2018 Page 11 counseling should be removed from your record since it was based on an order that was more than 12 months old.  You assert that the order was no longer valid past 12 months therefore invalidating the counseling.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In reviewing your record, the Board was unable to locate the 7 November 2016 order that formed the basis for your counseling.  So while you assert that it expired 12 months after its issuance, the Board found no evidence to support your assertion.  Absent evidence that supports your assertion that the order was expired when you allegedly violated it, the Board determined that it must rely on the presumption of regularity that the order was still in effect as of April 2018.  The Board relies on a presumption of regularity to support the official actions of Department of Navy personnel and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  As explained earlier, the Board was hampered by the lack of records to substantiate your claim.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,