DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4184-20 
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 11 May 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, as well as the 10 July 2020 advisory opinion (AO) furnished by the Navy Personnel Command (NPC) (PERS-00J). The AO was provided to you on 21 July 2020, 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. 

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 your withdrawal of promotion recommendation to chief petty officer (CPO) as documented in your fitness report for the reporting period 16 October 2016 to 13 June 2017 and your 14 June 2017 page 13. The Board considered your contention that your special evaluation and page 13 were signed before the conclusion of your non-judicial punishment (NJP) appeal on 27 July 2017. You also contend that according to the Navy Evaluation Manual (EVALMAN), NJP proceedings that are not concluded should not be noted in an evaluation. 


The Board, however, substantially concurred with the previous Board’s decision and AO that your promotion withdrawal was proper. In this regard, the Board noted that you received NJP on 13 June 2017 for violating Article 92 (failure to obey a lawful general order), Article 107 (three counts for providing false official statements) and Article 134 (adultery), Uniform Code of Military Justice (UCMJ). The Board also noted that block 43 of your ‘Special’ fitness report noted that you signed a written statement after your NJP that you waived your right to submit an appeal. Accordingly, your RS also noted that your NJP concluded on 13 June 2017, the same date of your NJP, and the same date you signed and acknowledged your report removing your commanding officer’s recommendation for promotion. The Board determined that your RS’s comments were valid and your subsequent appeal had no bearing on your RS’s determination that your NJP proceedings were concluded. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting further corrective action. 

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, 
5/17/2021 

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