DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1736-19 Ref: Signature Date Dear : 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 11 February 2020. 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 10 December 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32). The AO was provided to you on 30 December 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 16 September 2017 to 2 August 2018 and reinstatement of your promotion advancement to E-7. The Board considered your contentions that the Navy Advancement Manual requires the completion of an adverse evaluation before invalidating a promotion advancement, and that your administrative separation board unanimously found no basis for the alleged acts, omissions, or circumstances, that your constitutional rights were disregarded, and you were not afforded due process. Moreover, you assert that the contested report was not completed before removal of your advancement to E-7. The Board, however, substantially concurred with the AO that the fitness report is valid. In this regard, the Board noted that the report is a Special report in which your reporting senior (RS) noted that the evaluation was submitted to document that you received commanding officer’s non-judicial punishment (NJP) on 2 August 2018 for violating Article 107, Uniform Code of Military Justice (UCMJ) and Article 112a, UCMJ. The AO explained that BUPERSINST 1610.10D, the Navy Evaluation Manual (EVALMAN), authorizes RSs to submit a Special report to document misconduct if the RS believed the facts should be placed on the record before the next occasion for a report. The Board also noted that, although BUPERSINST 1430.13G, the Navy Advancement Manual for Enlisted Personnel, provides that a notification to withdraw a promotion recommendation should not be submitted prior to completion of the required evaluation, the Board noted, too, that your evaluation was delayed pending the immediate superior in command’s (ISIC) appeal decision, and that the request to withdraw your advancement was approved by the Navy Personnel Command. Therefore, the Board determined that the sequence of the events in your case was not material or sufficient to warrant removal of the report. The Board also determined that your RS was within his authority to submit the contested report to remove your advancement recommendation. Moreover, the Board concluded that the fact that a later administrative separation board did not make the same finding as your commanding officer is not sufficient to justify removing your fitness report or restoring your promotion recommendation. 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.