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

Docket No: 10318-17 
FEB 28 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 4 December 2018. 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 enclosed advisory opinion (AO) was sent to 
you for an opportunity to comment prior to being considered by the Board. The Board 
considered your response to the advisory opinion. 

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 issue(s) 
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 desire to remove Field Code 17 derogatory material entry 
and all related matters from your official military personnel file (OMPF), as well as your request 
for a special selection board (SSB). lf selected to Captain at the SSB, you requested back pay 
and allowances to reflect retroactive promotion. The Board considered your contention that you 
were not afforded the opportunity to comment on or rebut allegations found in Naval Inspector 
General (NAVIG) investigations and the findings in a Naval Criminal Investigative Service 
(NCIS) report of investigation, all of which you contend were improperly fined in your service 
record. You further contend that the Chief of Naval Operations (CNO) improperly considered 
such matters in recommending that your name be removed from the promotion list. The Board, 
however, substantially concurred with the comments and recommendation in the AO. 

Specifically, the Board noted that the investigative matters were not filed in your record or 
considered by the promotion board. The Board noted that such matters were only considered by 
the CNO in withholding your name from the promotion list and recommending that the Secretary 
of the Navy remove your name from that list. The Board noted further that, at that point, per 
section 624 of Title 10, United States Code, and SECNAVINST 1420.1B, you were notified of 
such matters and afforded an opportunity to respond. Moreover, the Board concluded with the 
AO that the record contains insufficient evidence, and you submitted none, to support your 
contention that the NAVIG and NCIS investigative reports were factually incomplete, one-sided, 
and otherwise flawed. Accordingly, the Board concluded that you have not demonstrated a 
probable material error or injustice warranting your requested relief. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 



Executive Director