Docket No: 4019-19 
Ref: Signature Date 


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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 2 June 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 to remove your remove your performance evaluation report for the reporting period 1 December 1971 to 1 June 1972, to be advanced to chief petty officer with all back pay and allowances, and to be awarded the Navy Good Conduct Medal.  You assert that you submitted a request mast for the bad performance evaluation report after receiving unsatisfactory marks while onboard the considered your contentions that your request mast was initially denied, however, you were able to walk it through to see the captain after 30 days. The Board also noted your assertion that you 
filed a request for a court-martial against the commanding officer of thedid not receive a response regarding the outcome of that request. 

The Board noted that, on 1 June 1972, and in conjunction with your evaluation, you were issued an Administrative Remarks (Page 13) entry counseling you on your assigned marks of 2.6 (professional performance), 2.8 (military behavior), 2.6 (leadership and supervisory ability), and 2.6 (adaptability).  It was noted that, after you were allowed generous time to familiarize yourself with local procedures and instructions, repeated problems cropped up on your watch.  It was further noted that you were counseled in detail, and that you did not heed the advice.  Your attitude was described as covert contempt, and that you responded with vindictive attitude, intolerance of views, and caused friction between you and your peers. 

Regarding your request to remove your evaluation, you contend, without evidence, that your request mast was initially denied, and the Board noted that, by your own admission, you were able to meet with your Commanding Officer to contest the marks.  The Board determined that your reporting superior acted within his discretionary authority to issue the marks on your contested performance evaluation report, and that he provided sufficient justification in your Page 13 entry.  The Board also considered your assertion that you filed a request for a court-martial against your commanding officer but determined that this assertion does not allege an error or injustice in your record to be corrected or removed. 

Regarding your request to be issued a Good Conduct Medal, the Board noted that one of the requirements to receive a Good Conduct Medal was no mark below 3.0 in any trait (no average mark required) within the period of eligibility, and that, because you received marks below 3.0, you were not eligible to receive the Good Conduct Medal. 

Regarding your request to be promoted, the Board recognized your 30 years of active and inactive service in the Navy Reserve, but determined that there is no evidence in the record, and you submitted none, to substantiate that promotion to chief petty officer is warranted. 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 that you 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.