Docket No: 3288-20
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 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 2 June 2020 advisory opinions (AO) furnished by the Office of Legal Counsel (PERS-00J), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
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. 
 
The Board carefully considered your request to remove Detachment for Cause (DFC) documents from your official military personnel file (OMPF), and to reverse your defrocking to chief.  The Board considered your contentions that your command bypassed the criminal process and defrocked you for the same allegations contained in the nonjudicial punishment that you refused, then summarily issued you a DFC based solely upon the unchallenged word of your accuser.  You argue that you were then taken to an administrative separation board (ASB) for the same underlying allegations, and the ASB determined that the underlying allegations did not occur, and recommended your retention.  You also argue that it is fundamentally unfair for you to face continuing consequences for allegations that were ultimately proven to be unfounded.
 
The Board, however, substantially concurred with the AO that the presumption of regularity as to official acts governs this situation, namely that the actions taken by your command were correct and proper.  The Board also agreed with the AO that you have provided nothing to overcome that presumption as it pertains to the record.   
 
The Board specifically noted that you admitted, under oath during your ASB, that you are guilty of violating Article 134 of the Uniform Code of Military Justice; conduct prejudicial to good order and discipline.  Additionally, your Commanding Officer found, by a preponderance of the evidence, wrongdoing warranting your DFC and withdrawal of his recommendation for your advancement.  Your Commanding Officer’s actions in this case comply with BUPERS Instruction 1430.16G.  The Board thus determined that there is no basis for the requested relief. 
 
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 attachés 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,