Docket No: 5814-19 
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 23 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, as well as the enclosed 16 September 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) and your response of 21 October 2019.   
 
The Board carefully considered your request to modify or remove your fitness report for the reporting period 2 August 2017 to 31 January 2018.  The Board considered your contentions that your report is adverse and you were not observed by your reporting senior (RS).  You claim that you were temporarily assigned to    and issued a concurrent report from that commanding officer (CO).  You also contend that you receive a trait grade 2.0 for “Military Bearing/Character” based on actions that were reported on a previous fitness report, you were not counseled, and that the block 41 comment regarding the status of your clearance is false.  You also claim that the revocation of your building access should not be adversely reflected on your fitness report.  In your rebuttal to the AO, you argue that your board of inquiry (BOI) found you innocent of the majority of the charges and unanimously voted to retain you in the Navy. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that in accordance with BUPERINST 1610.10D (EVALMAN), the Navy Evaluation Manual your 2.0 mark in one trait grade is not adverse.  The Board also noted the 1 May 2018, Security Access Eligibility Report, which remarked that a 12 July 2017 preliminary inquiry found that you created an online dating profile using an alias to have an ongoing relationship with a woman other than your wife, and consequently, you were issued a Letter of Instruction.  Additionally, the report noted that your commanding officer reinstated your local access after your 18 April 2018 BOI convened and your clearance was undergoing a periodic review.  The Board thus determined that your RS’s comment that during the reporting period “your building access was removed while your security clearance eligibility is under review”, was a fact, and does not render your fitness report adverse.  The Board noted, too, that you acknowledged your contested fitness report and indicated your desire to submit a statement. 
 
Concerning your concurrent fitness report, the Board noted that a concurrent report may be endorsed as “Concurrent/Regular” at the discretion of the regular RS.  In your case, your regular RS did not endorse your concurrent report as a regular report.  Accordingly, the Board determined that your annual “Periodic/Regular” report was required to be submitted.  Moreover, your concurrent and regular reports are not required to be consistent as they are the assessments of two different RS’s.  
 
Concerning your contention that your BOI found you innocent of the majority of your misconduct, the Board noted that your BOI substantiated a find of misconduct for conduct unbecoming an officer and gentleman and unanimously voted that you should be retained in the Navy.  The Board determined that although your BOI did not find by preponderance of the evidence that you committed all of the alleged misconduct, they still found that you committed misconduct.   Moreover, the Board determined that a BOI is an administrative process to determine your suitability for retention, thus your RS is not beholden to the results of your BOI.  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.   
 
Sincerely, 
 

8/25/2020                                                                                                


Deputy Director