Docket No: 10783-18 
Ref: Signature Date 
 
Dear : 
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 26 November 2019.  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 enclosed 25 September 2019 advisory opinion (AO) furnished by the Navy Personnel Command (NPC) (PERS-32) and 3 October 2019 AO furnished by the Bureau of Personnel (00J), and your response. 
 
The Board carefully considered your request to remove the statement referencing your non-judicial punishment (NJP) from your evaluation report for the reporting period 16 November 2012 to 15 November 2013 and your request for reconsideration for advancement to the grade of chief petty officer (CPO/E-7).  The Board considered your contentions that your command waited to document your NJP on your periodic evaluation instead of submitting a special report, and the NJP Report of Disposition was not prepared or submitted for inclusion in your record.  You assert that, since there is no documentation of the NJP in your record, the statement should be removed from the contested report, and that the evaluation has prevented your advancement to CPO. 
 
The Board noted that you received NJP on 2 August 2013 for failure to obey an order or regulation.  The Board also noted that you acknowledged the contents of the adverse report and elected not to submit a statement.  The Board substantially concurred with the AOs that the contested report is valid and properly documents the NJP.  In this regard, reporting seniors (RSs) 
are permitted to document NJPs where there was a finding of guilty, and BUPERSINST 1610.10D, the Navy Evaluation Manual (EVALMAN), does not require a RS to submit a special evaluation.  The Board determined that you were admittedly the subject of NJP, understood the Article 92 violation, and were awarded punishment for your misconduct.  The Board found no evidence of the Report of Disposition in your record.  However, the Board concurred with the AO that the lack of documentation in your record does not invalidate the evaluation report.  In this case, because you admit to being the subject of NJP, the Board determined that the NJP did in fact occur.  The Board relies on the 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 thus concluded that there is no probable material error or injustice warranting corrective action.   
 
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 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,