Docket No: 7519-20
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 carefully considered your request to remove the 3 September 2014 adverse and punitive letter from your record.  The Board considered your contention that you received the letter informing you that your name was removed from the Fiscal Year 2012 Promotion List for Lieutenant, but that it was inserted into your record without your knowledge.  You also assert that, because of the letter is in your record, you have not been selected for a Unit Commanding Officer/Officer-in-Charge position.   
 
The Board, however, determined that your contention is without merit.  Specifically, the letter was submitted for inclusion in your official record in compliance with MILPERSMAN 1070-170.  Moreover, the letter also provided notification that “[a] copy of this letter . . . will be filed in your official record” and that “. . . you may submit a statement for inclusion in your official record in response to this action.” 
 
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,