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

Docket No. 604-18
Mar 25, 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 §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 6 November 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. In addition, the Board considered the advisory opinion contained in Navy Personnel Command memorandum 1430 PERS 8031/248 of  27 June 2018; a copy of which was previously provided to you for comment. A copy of this advisory opinion is again enclosed.

You requested that your record be restored in order to be advanced to the rank of E-7. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless, the Board concluded that per BUPERSINST 1430.16F (Withdrawal of Recommendation for advancement), "An evaluation is the sole means of withdrawing a member's recommendation for advancement and must be completed prior to requesting invalidation of an authorized advancement." NAVPERS 1616/26 was issued and certified by you on 27 March 2015 upon receiving Non-Judicial Punishment on 17 March 2015 and you elected not to a submit a statement. On 27 March 2015, NETPDTC,     ,  acknowledged receipt of NAVPERS 1070/613 and evaluation required; however, even though the NAVPERS 1070/613 is not in your OMPF, that does not provide a legal basis for relief. The NAVPERS 1070/613 is a record keeping requirement, not a due process requirement. In this connection, the Board substantially concurred with the comments contained in the advisory opinion.

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