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 9 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, as well as applicable statutes, regulations, and policies.  The Board also considered the enclosed 21 February 2020 advisory opinion (AO) furnished by the Navy Personnel Command (00J).  Although you were afforded an opportunity to submit a response, you did not do so. 
 
The Board carefully considered your request to remove your evaluation and counseling record for the reporting period 16 March 2018 to 10 November 2018.  The Board considered your contention that the Commander,  found your 10 November 2018 nonjudicial punishment (NJP) awarded at Captain’s Mast disproportionate, and that he suspended your reduction in rate for six months. 
 
The Board, however, substantially concurred with the AO and determined that the report is a valid report, properly submitted by your reporting senior (RS) and accepted by PERS-32.  The AO also noted that you do not dispute the underlying misconduct, which appears to be the fact that you continued following an improper procedure despite initially voicing concerns about the Order given to you.  In failing to properly raise this issue to higher authority, you apparently became complicit in violating procedure.  The AO also noted that, while it appears that you appealed this NJP, he have not met the burden of establishing a finding of material error or that an injustice occurred.  The underlying misconduct is not disputed nor is the efficacy and appropriateness of the imposition of NJP even debated.  Your punishment was partially mitigated, however the NJP Appeal authority specifically concurs with the finding of misconduct and the remaining punishments awarded. 
 
The Board thus determined that your evaluation report shall remain in your official military personnel file, and that, pursuant to policy contained in BUPERS Instruction 1610.10D (EVALMAN), your RS may revise the evaluation report with a supplemental letter to remove the comment regarding your reduction in paygrade. 
 
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. 
 
 Sincerely,