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


Docket No: 11754-19
 
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 18 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 the 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 22 December 2020 advisory opinion (AO) furnished by the Navy Personnel Command, Office of Legal Counsel (PERS-00J), and your rebuttal.   
 
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 all Evaluation and Counseling Records (Evals) issued since your nonjudicial punishment (NJP), to be reinstated on active duty in the rate/grade of HM1/E-6, to receive all back pay and allowances from 5 September 2018 to present, and that the E-7 Promotion Selection Board #360, Fiscal Year (FY) 2019 review your files for promotion consideration.  You also requested that, if selected for HMC/E-7, that you receive all back pay from the effective date of promotion to present. 
 
The Board considered your contention that your NJP is improper, unjust, and that your rights were violated.  You argue that you were not treated fairly, that you were denied an opportunity to defend yourself, and that you were prevented from obtaining legal counsel.  You also assert that a group of Sailors were coerced by their Chiefs, and that they conspired against you, and the purported rumors and lies may have been racially motivated.  
 
The Board noted that on 24 August 2018 your 24 July 2018 NJP was set aside due to procedural errors.  However, you received a second NJP on 5 September 2018 for the same offenses, and received the same punishment as you received at the first NJP.  The Board, substantially concurred with the AO that the documentation you provided fails to reveal any evidence that shows your commanding officer (CO) abused his authority or made an incorrect legal determination in your 5 September 2018 NJP.  The Board determined that your CO was well within his discretionary authority to impose NJP, and that your evidence did not show otherwise.  The Board thus concluded that since your 5 September 2018 NJP does not show legal error, your requests to have performance Evals removed and be reinstated to E-6 with back pay are not allowed.  The Board also concurred with the AO that your final relief requested (E-7 board determination) is moot because you were reduced in rank to E-5 as part of your NJP. 
 
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,