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

Dear	:

Docket No: 6958-18 
Ref: Signature Date

This 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 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 10 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. The Board also considered the enclosed 29 July 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so.

The Board carefully considered your request to remove your adverse Evaluation Report and Counseling Record (Eval) for the reporting period 16 November 2016 to 28 February 2017. The Board considered your contentions that the contested Eval is in error or unjust because, at captain’s mast, your commanding officer did not substantiate misconduct by a preponderance of the evidence and dismissed the charges. You claim that, even though no offense was substantiated, you will now no longer be competitive to make chief petty officer and will be forced to retire from the Navy in a few years as an E-6.

The Board, however, concurred with the AO that the Eval is a valid report. The Board noted that, although you acknowledged the contents of the Eval and your right to submit a statement, you indicated on the Eval that you did not intend to do so. The Board also concurred with the AO that your Reporting Senior (RS) properly prepared and submitted the Eval in accordance with Navy policy, and that your RS had a responsibility to report significant and persistent weaknesses and comment on misconduct whenever the facts are clearly established to the RS’s satisfaction. The Board further noted that your RS did not have to conduct an investigation or issue nonjudicial punishment to document misconduct.  In any event, the contested Eval did not document misconduct. Instead, it documented your “lapse in judgement [sic] and leadership” and “poor decisions.” The Board thus concluded that the contested Eval is administratively and procedurally correct as written and filed, and does not constitute 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,