Docket No: 3841-19 
Ref: Signature Date 

This letter is in reference to your application of 29 March 2019 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 5 May 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 also considered the enclosed 26 September 2018 advisory opinion (AO) furnished by Navy Personnel Command (NPC) (PERS-32).  The AO was provided to you on 3 April 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 carefully considered your request to reinstate your promotion selection to the paygrade E-7.  The Board considered your contention that the removal of your promotion recommendation was not executed in accordance with BUPERSINST 1430.16G, the Navy Advancement Manual for Enlisted Personnel, because a significant problems evaluation was not submitted.  You claim that a significant problem evaluation is the sole means to withdraw a Service member’s recommendation for advancement. 

The Board, however, substantially concurred with the AO that contrary to your claim, the Chief of Naval Personnel is the sole authority for the advancement and removal of promotions for enlisted personnel selected for advancement to paygrades E-7 through E-9.  The Board noted that the Chief of Naval Personnel directed a review of your advancement due to the discovery of adverse information after adjournment of the selection board.  Specifically, your non-judicial punishment (NJP) received on 18 August 2017 for a violation of Article 92, Uniform Code of Military Justice (UCMJ). The Board determined that your NJP was the basis for the Chief of Naval Personnel’s decision to revoke your promotion advancement.  The Board also determined that your reliance on BUPERSINST 1430.16G lacks merit, the instruction applies to commanding officers and officers in charge.  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 the 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.