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

Docket No: 11114-18                                                           
Ref: Signature Date 

Dear              :

This letter is in reference to your application of 14 November 2018 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 11 February 2020.  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 Board also considered the enclosed 28 January 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to modify your Evaluation and  Counseling Record (Eval) for the period 15 September 2014 to 16 September 2015 by changing block 35 (professionalism) trait mark and block 42 (promotion recommendation).  The Board considered your contention that the marks reflect your civil conviction for a misdemeanor driving violation that was ultimately dismissed by the .
 
The Board, given the limited information available, determined that your 2015 guilty plea was likely part of a diversionary program that, once complete, would be withdrawn and set aside.  The Board thus substantially concurred with the AO and determined that your contested Eval is valid, and concluded that your reporting senior was within his authority to assign the contested trait grade and promotion recommendation based on your 2015 guilty plea and civilian conviction, because you did not submit sufficient evidence that you did not commit the misconduct in 2015. 

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 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, 

4/8/2020