DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
 
Dear 
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 27 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.  
 
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. 
 
You previously petitioned the Board to request removal of an adverse fitness report covering the period 19 December 2015 to 31 October 2016 on the basis that the Commander unjustly relieved you of your duties as Executive Officer due to bias and discrimination related to your age and affiliation with the Reserves.  The Board granted relief on 14 December 2018, removing the fitness report and granting a Fiscal Year (FY) 2019 Navy Reserve Commander Line (URL) Special Selection Board (SSB).  The SSB convened on 25 July 2019; you received notice that the SSB did not select you for promotion on 12 November 2019.   
 
The Board carefully considered your request to convene another SSB to consider you for selection to O-5.  You argue that the FY-19 SSB was invalid because the member representing your designation ( community representative) to the board was biased against you.  You contend this member was part of the leadership hierarchy who had knowledge of the fitness report that the Board removed.  You further contend that this member is part of the leadership hierarchy who stated at a conference, “regarding all future selection boards there will be a pre-board conducted prior to sending a representative to the actual selection board,” which is in violation of the Secretary of the Navy Officer Promotion Selection Board Precept.  You included a letter from a retired Navy Captain who stated he heard the pre-board requirement while attending a Special Warfare Reserve Officer Conference on 19 May 2018.  
 
The Board noted that in accordance with SECNAVINST 1402.1 enclosure 4 1.c, to convene a SSB there has to be evidence that the board was contrary to law, involved material error of fact or material administrative error, or that the board lacked some material information for consideration.  The Board noted that at the time the SSB convened your adverse fitness report was removed from your official military personnel file.  The Board further noted that there was insufficient evidence to show that the SSB was biased against you.  There were five other officers who looked at your record other than the 1137 community representative and concluded non-selection.  Consequently, the Board determined that your request for another FY-19 Navy Reserve Commander Selection Board is not warranted. 
 
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, 

8/5/2021
Executive Director