DEPARTMENT OF THE NAVY 

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


DocketNo: 1778-17 
JUN 01 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle IO ofthe United States Code, section 1552. 

A three-member panel ofthe Board for Correction ofNaval Records (BCNR), sitting in 
executive session, considered your application on 17 March 2017. The names and votes of the 
members ofthe panel will be furnished upon request. Your allegations oferror and injustice 
were reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofthis Board. Documentary material considered by the Board consisted of your 
application, together with all material submitted in support thereof, your naval record, and 
applicable statutes, regulations, and policies. 

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 ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

On 23 April 2015, a Command Investigation was conducted into your alleged sexual harassment. 
The allegation was substantiated and a Report of Misconduct and corresponding derogatory 
material was placed in your official military personnel file. Additionally, you were issued an 
adverse fitness report (FITREP). Subsequently, you failed selection by the FY16 Chief Warrant 
Officer, W3 (CW03) Promotion Selection Board. In February and July 2016, you successfully 
petitioned the Performance Evaluation Review Board and the BCNR to have the adverse 
FITREP and FYI6 FOS removed from your Official Military Personnel File (OMPF). However, 
the Report ofMisconduct and corresponding derogatory material remained in your record. On 
9 August 2016, the FYI7 CW03 Promotion Selection Board convened. You were among those 
officers selected for promotion and promoted with a 1 December 2016 date of rank (DOR). On 
27 January 2017, you successfully petitioned the BCNR to have the Report ofMisconduct and 
all corresponding derogatory material removed from your OMPF. 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
adjust your DOR to the date you would have received had you been selected by the FY16 CW03 
Promotion Selection Board. The Board considered your contention that your FOS was caused by 
material errors in your record at the time the FYI6 CW03 Promotion Selection Board convened, 
and that you were selected by the FYI7 Board after the PERB and BCNR removed derogatory 
material that may have made you less competitive against your peers. The Board determined 
that adjusting your DOR is not warranted. In this regard, the Board noted that when the FYI7 
CW03 Promotion Selection Board convened, you had an additional year-in-grade and 
experience from the previous year's promotion consideration, you received the benefit of an inzone 
premier brief as a result of your FOS removal, and most significantly, the Report of 
Misconduct and corresponding adverse material, less the adverse FITREP, was available for 
review when the Board selected you for promotion. Thus, the Board was not convinced that the 
errors in your record at the time the FYI6 Promotion Selection Board were the cause ofyour 
FOS. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 ofregularity 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 ofprobable material error or injustice. 

Sincerely, 



Executive Director