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

Docket No: 6810-18 
Ref: Signature Date 


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 17 September 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 2 November 2018 advisory opinion (AO) furnished by Navy Personnel Command (NPC) (PERS-32),. The AO was provided to you on 7 November 2018, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration.   
 
The Board carefully considered your request to modify your evaluation report for the reporting period 8 February 2017 to 14 September 2017 by removing the block 41 comment “[Petitioner] . . . struggled to embrace [Chief Petty Officer] CPO 365 phase II and was NOT FULLY ACCEPTED by the Mess.  With continued mentorship from my Mess he has the potential to be a successful Chief.”  You also request to modify your evaluation report for the reporting period 15 September 2017 to 11 January 2018 by removing the comment “Chief . . . is highly motivated and has been FULLY EMBRACED by the Mess” and changing the promotion recommendation from “Promotable” to “Early Promote.” The Board considered your contentions that these comments are punitive and will hinder your competitiveness for future promotion.  You also contend that an “Early Promote” promotion recommendation better reflects your performance during the chief season, and the “Promotable” mark is inconsistent with the other comments in the evaluation. 

As part of the Board’s review, NPC (PERS-32) reviewed your request and provided an AO to the Board. The Board substantially concurred with the AO that the contested reports are valid.  In this regard, although the contested comment in your evaluation report for the reporting period 8 February 2017 to 14 September 2017 could be perceived as adverse, it is not punitive. It was within your reporting senior’s (RS) authority to comment on your perceived performance weaknesses.  The Board noted that, although you were afforded an opportunity to submit a statement in regard to the evaluation, you declined to do so.  In addition, the Board found no evidence, and you provided none, to support your contention that the promotion recommendation “Promotable” in your evaluation report for the reporting period 15 September 2017 to 11 January 2018 was not consistent with the other comments in the evaluation, and that an “Early Promote” promotion recommendation better reflects your performance during the chief season.  The Board noted that that evaluation is from the same RS as the 8 February 2017 to 14 September 2017 report, and the trait grades and promotion recommendation are consistent.  Further, the Board opined that the contested comment, “…is highly motivated and has been FULLY EMBRACED by the Mess” indicates an improvement from your previous report.  The Board thus concluded that the reports contain 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, 


10/15/2019