DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7352-20 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 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, as well as the advisory opinion (AO) furnished by the Navy Office of Legal Counsel (PERS-00J). The AO was provided to you on 5 January 2021, 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 promotion to Senior Chief Petty Officer (SCPO/E-8) effective Fiscal Year (FY) 2019 Navy Active Duty SCPO Selection Board and all associated pay and allowances. You also request to remove any adverse material related to the removal of your name from the FY 2019 SCPO selection list from your official military personnel file. The Board considered your contentions that your administrative separation board found that no misconduct occurred and this determination occurred before the Navy Personnel Command (PERS-833) letter notifying you that your advancement was being reviewed was issued. You also contend that the removal of your name from the selection list was contrary to eligibility requirements provided by the Advancement Manual for Enlisted Personnel of the U.S. Navy and U.S. Navy Reserve (BUPERSINST 1430.16G). You claim that all legal and administrative requirements were completed before the deadline noted in the PERS-833 notification and no adverse action was taken against you. You also claim that you were not informed that an administrative separation board would follow the Family Advocacy Program (FAP) determination that your case “met criteria” for sexual abuse. The Board, however, substantially concurred with the AO. In this regard, the Board noted that a Navy Criminal Investigative Service (NCIS) investigation was conducted regarding allegations that you violated Article 120 (indecent liberty with a child), Uniform Code of Military Justice (UCMJ). The Board also noted that your case was referred to the FAP and the Incident Determination Committee (IDC) determined that your case met the criteria for “Child Sexual Abuse,” you appealed the IDC determination, and your appeal was denied. The Board noted, too, that the Chief of Naval Personnel (CNP) directed that your advancement be reviewed due to the discovery of adverse or reportable information after the adjournment of the FY 2019 Navy Active Duty SCPO selection board. The Board determined that the CNP is the sole authority for the advancement of personnel to pay grades E-7 through E-9 and after a review of the available information and any matters submitted for consideration, the CNP acted within this discretionary authority pursuant to BUPERSINST 1430.16G by removing your name from the selection list. The Board also determined that your administrative separation board was a separate administrative process convened to determine your suitability for retention in the Navy. Moreover, the CNP was not bound by your administrative separation board’s determination. 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. The Board determined that your evidence was 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, 8/14/2021 Executive Director