DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 230-19 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 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 18 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. The Board carefully considered your request for the convening of an Active-Duty E-8 Enlisted Special Selection Board (ESSB). The Board considered your assertion that the Commander, Navy Personnel Command (CNPC) (PERS-80) denied your request for an ESSB after your name was removed from the Fiscal Year (FY) 2019 Navy Active-Duty Chief Warrant Officer (CWO) Selection Board List. The Board also considered your contention that, pursuant to BUPERS Instruction 1430.16[F], you meet the requirements for an ESSB because your withheld selection to CWO was outside of your control and was not a direct or indirect result of your error, delay, or omission, and that it is unjust for the Navy to consider you as being “selected” when your selection was in a withhold status. The Board noted that you were selected by the FY 2019 Navy Active/Full-Time Support Limited Duty Officer (LDO)/CWO In-Service Procurement (ISP) Selection Board. Additionally, you were not eligible for consideration by the FY 2019 Active-Duty E-8 Advancement Selection Board because you had been selected for commissioning to CWO. On 1 March 2018, the CNPC (PERS-833) notified you that your commissioning to CWO had been withheld due to adverse or reportable information—specifically, your 21 May 2013 nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ), Article 111 (drunken or reckless operation of a vehicle). You were notified that the Chief of Naval Personnel (CNP) could remove your name from the selection list. Ultimately, on 20 August 2018, the CNPC (PERS­833) notified you that the CNP had removed your name from the FY 2019 Navy Active-Duty CWO Selection Board List. The Board noted that, on 29 August 2018, you submitted a request to the CNPC (PERS-811) for the convening of an FY 2019 Active-Duty E-8 ESSB. On 18 October 2018, the CNPC (PERS­80) notified you that your request had been disapproved because you were not eligible for senior chief during the FY 2019 Active-Duty E-8 Advancement Selection Board due to your select status to CWO by the FY 2019 LDO/CWO ISP Selection Board. PERS-811 determined that, although you were removed from the FY 2019 CWO ISP Board, you were not eligible for any enlisted selection boards as long as your name remained on the Select List, and, since you were not eligible for the regularly scheduled board, you are not eligible for a SSB. The Board noted that BUPERS Instruction 1430.1F provides that enlisted members selected for temporary or permanent officer or warrant appointments are ineligible for consideration by E7/8/9 selection boards. The Instruction also provides that ESSBs are held to consider any member who was eligible but not properly considered by the last regular board. Additionally, it provides that the CNPC (PERS-811) may approve an ESSB when the member has demonstrated that they were precluded from consideration at the selection board and the administrative error was beyond the applicant’s control and not the direct or indirect result of their error, delay, or omission. With regard to your contention that you meet the requirements for an ESSB, the Board substantially concurred with PERS-80’s 18 October 2018 decision to deny your request for a FY 2019 Active-Duty E-8 ESSB. The Board determined that, after you were selected by the FY 2019 Navy Active/Full-Time Support LDO/CWO In-Service Procurement (ISP) Selection Board, your appointment was withheld pending review of your adverse or reportable information. The purpose of the review was to assess whether the adverse or reportable information under consideration materially impacted your qualification for appointment. With regard to your contention that withholding your selection to CWO was outside of your control and was not a direct or indirect result of your error, delay or omission, the Board determined that your selection was withheld as a direct result of your 21 May 2013 NJP, and that there is no indication that your selection would have been withheld if not for your NJP. With regard to your contention that it is unjust for the Navy to consider you as being “selected” when your selection was in a withhold status, the Board determined that this contention is without merit. Your name was on the FY 2019 Navy Active-Duty CWO Selection Board List until it was removed by the CNP on 20 August 2018. 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,