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


Docket No: 10113-19 


Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 2 March 2021.  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 22 January 2021 advisory opinion (AO) furnished by Navy Personnel Command (PERS-8031).  The AO was provided to you on 27 January 2021, 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 for reinstatement to Chief Petty Officer (CPO/E-7).  The Board considered your statement that you have reflected upon your actions that led to your 26 September 2018 Captain’s Mast, you knew what you did was unacceptable, and you used the experience to motivate you even harder.  As evidence, you furnished your fitness report for the reporting period after your Captain’s Mast, billet description, and designation as work center supervisor. 
 
The Board, however, substantially concurred with the AO that your record should remain unchanged.  In this regard, the Board noted your fitness report for the reporting period 16 November 2017 to 26 September 2018 documenting your commanding officer’s recommendation not to advance you to E-7 due to substandard behavior.  Specifically, because you received non-judicial punishment on 26 September 2018 for violation of Article 107, Uniform Code of Military Justice.  The Board determined that your recommendation for advancement to E-7 was withdrawn according to the Advancement Manual for Enlisted Personnel of the U.S. Navy and U.S. Navy Reserve.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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,