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

Docket No: 11638-19 
Ref: Signature Date 


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 February 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 13 January 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32).  The AO was provided to you on 4 February 2020, 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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
The Board carefully considered your request to remove your fitness report for the reporting period 15 September 2015 to 15 September 2016, and if approved, appointment to the grade E-8 (Senior Chief).  The Board considered your contentions that your evaluation was written during an open reprisal case against your officer-in-charge (OIC) and senior enlisted leader, and an alternate reporting senior (RS) should have been considered to fulfill your RS’s responsibility.  You also contend that according to Navy Equal Opportunity Policy, an alternate reporting chain should be considered when there is a reasonable chance of reprisal, but this option was not afforded to you.  You assert that you were counseled without the presence of a disinterested party, and the environment was very professional before your OIC’s arrival, however, the climate toward female staff became increasingly hostile, unprofessional and lacked good order and discipline, after the OIC’s arrival.  You also assert that you were advised that your report was undoubtedly the single contributing factor behind your inability to be selected during promotion boards.  As evidence, you furnished several character statements.  

The Board, however, substantially concurred with the referenced AO in that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your fitness report is not declining, contains no adverse trait grades, and your promotion recommendation is consistent with your prior report with the same relative summary group size.  The Board also noted that the Naval Inspector General determined that no further investigation was warranted with regard to your complaint of alleged reprisal action taken against you.  The Board further noted the evidence you furnished, however, the Board found your evidence insufficient to determine that your RS acted improperly or contrary to Navy regulations.  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, 
2/17/2021 

Executive Director