DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8819-18 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 22 October 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 30 May 2019 and 10 June 2019 advisory opinions (AO) furnished by the Navy Personnel Command (NPC) (PERS-80) and (PERS-32). The AOs were provided to you on 20 June 2019, 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 remove your fitness report for the reporting period 30 July 2013 to 31 October 2013, your Admiral’s Mast/non-judicial punishment (NJP), and your failures of selection (FOS) incurred during the Fiscal Year (FY) 2016 and 2017 commander (CDR)/O-5 promotion selection boards, and to reverse the FY 2017 retention board’s decision. The Board considered your contentions that you were taken to mast and found guilty of an offense without proper evidence, and that racial bias was a factor in the decision to impose NJP, in the awarded punishment, and in the contested fitness report. You also assert that an O-6 named in an Equal Opportunity complaint that you filed served as a member of the promotion board, and that these factors influenced the results of the promotion boards and retention board. The Board noted you received NJP for unauthorized absence, wrongfully consuming alcohol while on liberty, failure to remain with a liberty buddy after consuming alcohol, and incapacitation for performance of duties through prior wrongful indulgence of intoxicating liquor. The Board substantially concurred with the AO that the contested report is valid. In this regard, the Board noted that there is no evidence of racial bias in the contested fitness report, which, in fact, contains all positive comments and does not mention the NJP. Concerning your contention that you were taken to NJP and found guilty without proper evidence, the Board found no evidence that the NJP was improper or racially motivated, and you provided none. Concerning your FOSs and the continuation board’s decision, the Board concurred with the AO that the decision of each board was due to its application of Title 10, United States Code, Section 5947, which requires that those “in authority in the naval service . . . show themselves a good example of virtue, honor, patriotism, and subordination.” Additionally, promotion board members are tasked by precept to select the best and fully qualified officers for promotion, and the Board determined that you did not show that your record did not receive fair and equitable consideration during the FY 2017 and FY 2018 promotion selection boards. The Board also noted that your complaint filed with the Department of Defense Hotline was denied due to its untimeliness, and the Board found no evidence that your complaint influenced the results of the promotion boards or the retention board. 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, 11/19/2019