Docket No: 6271-20
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  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 15 December 2020 advisory opinion (AO) furnished by the Navy Personnel Command, Office of Legal Counsel (PERS-00J), as well as your rebuttal. 
 
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 be reinstated on to active duty, to be promoted to E-8 and E-9, with all back pay and allowances, to be retired with full benefits, to upgrade your reentry code to allow you the opportunity to serve in the Navy Reserve, and to expunge your record of derogatory material.  The Board considered your contentions of improper and unfair interference with the Preliminary Inquiry (PI), Captain’s Mast, and administrative separation process as well as your command’s personal bias against you.  You argue that the administrative separation board (ASB) found the allegations and PI findings to be false, and that you never did anything that you were accused of.  Moreover that the unbiased ASB recommended your retention.  You also assert that you have an outstanding Naval record void of any form of misconduct.   
 
The Board, however, substantially concurred with the AO that, absent proof to the contrary, the presumption of regularity as to official acts governs this situation, namely that the actions taken were correct and proper.  The Board concurred with the AO that your evidence did not prove command interference nor error or irregularity in the PI.  The Board also noted that your claim that you did not commit misconduct was adjudicated by an impartial ASB that unanimously found that you did commit misconduct, that you made comments of a sexual nature, and that you created a hostile work environment.  The Board also determined that there is no evidence that the decision to overturn the ASB’s recommendation for retention was the result of material error or injustice. 
   
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,