DEPARTMENT OF THE NAVY 

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

Docket No: 5472-16 
JUL 06 2017 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 1552. 

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 threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 14 April 2017. The names and votes ofthe members ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished 
by Navy Personnel Command (PERS-32) dated 1February2017. 

You were issued a Regular/Periodic Evaluation Report and Counseling Record for the reporting 
period 16 September 2013 to 15 September 2014. The Evaluation documented, in part, that you 
used your positional authority to advance your personal goals, you demonstrated exclusionary 
behavior by favoring females, you fostered a hostile environment, and that you received 
nonjudicial punishment for violating the Navy Equal Opportunity Policy and the Navy 
Fraternization Policy. You received a Promotion Recommendation of"Significant Problems." 
Your Reporting Senior commented that you "must be separated from the naval service due to his 
lack ofjudgment and integrity throughout his tour" and that you "caused severe damage to my 
Sailors' lives and careers ..." On 19 November 2014, an Administrative Separation Board (ASB) 
convened and determined that the preponderance of the evidence did not support administrative 
separation due to the commission ofa serious offense. The Board considered your desire to have 
your contested Eva! removed from your official military personnel file (OMPF). The Board 
considered your argument that your statement regarding your promotion recommendation was 
denied, that the ASB voted that no misconduct was committed and you were retained in naval 
service, and that you received your sixth Good Conduct Medal. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. In this regard, the Board noted that 
you voluntarily admitted that your actions "were against the Navy Core Values in which I am 
required to uphold and live by." Further, the Board concurred with the comments and 
recommendation in the AO. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new and material 
evidence. New evidence is evidence not previously 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director