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

Docket No: 6325-20 
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 6 July 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 29 September 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) and the 2 November 2020 AO furnished by the Navy Office of Legal Counsel (PERS-00J). The AOs were provided to you on 17 November 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 fitness reports for the reporting periods 1 February 2019 to 18 March 2019 and 19 March 2019 to 13 December 2019. You also request to remove your 25 February 2019 report of disposition of offense(s)/non-judicial punishment (NJP), any related adverse material, and reimbursement of your wage garnishment. The Board considered your contentions that your Board of Inquiry (BOI) found that the preponderance of evidence did not support misconduct or substandard performance and you did not knowingly make a false official statement with the intent to deceive or make a fraudulent 
claim. 

You also contend that your letter of reprimand, adverse fitness reports and NJP were overly harsh considering your performance, demonstrated potential and commitment to continued service. You claim that these actions have precluded you from pursuing a path to promotion. 

The Board, however, substantially concurred with the AOs that your fitness reports and NJP are valid. In this regard, the Board noted that the Naval Criminal Investigative Service (NCIS) investigation determined that you falsified documents to recover $24,801 in undue basic allowance for housing (BAH). Specifically, when executing unaccompanied permanent change of station orders to Bahrain, you certified that your dependent’s primary residence was, , despite knowing that your dependents did not reside in , . The Board also noted that you received NJP for violating Article 107 (false official statement) and Article 132 (frauds against the government), Uniform Code of Military Justice (UCMJ). You were properly notified of and you acknowledged your Article 31, UCMJ rights, you were afforded the opportunity to consult with a military lawyer, and you accepted NJP. The Board noted, too, that you apologized and took full responsibility for your conduct. The Board determined that your Commanding Officer has sufficient evidence and acted within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (2016 ed.) by finding you guilty at NJP. Additionally, the Board found that your awarded punishment was proportionate to the offenses. 

Concerning the findings of your BOI, the Board noted your BOI unanimously found that the preponderance of evidence did not support misconduct or substandard performance. The Board, however, determined that your BOI and NJP are separate processes. In this regard, your BOI was an administrative proceeding convened to determine your suitability for retention in the Navy. Thus, the outcome of your BOI does not invalidate your NJP nor does it have any bearing on your CO’s finding of guilt during NJP.
 
Concerning your fitness reports for the reporting periods 1 February 2019 to 18 March 2019 and 19 March 2019 to 13 December 2019, the Board noted that the Navy Personnel Evaluation System Manual (EVALMAN) provides that reporting seniors (RSs) may submit a Special Report if they believe the facts should be placed on the record before the next reporting occasion. The Board determined that your fitness report for the reporting period 1 February 2019 to 18 March 2019 was appropriately marked and accurately documented your NJP. The Board also noted that your fitness report for the reporting period 19 March 2019 to 13 December 2019 contained no adverse marks or comments and determined that your Detachment of Individual report is not in error and your report was required according the EVALMAN.
 
Moreover, the Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. Based upon the fore going determinations, the Board found your evidence insufficient to overcome this presumption. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting 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, 
7/21/2021