Docket No: 6765-19 
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 25 August 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 promotion to Petty Officer First Class (PO1/E-6).  The Board considered your contention that your Executive Officer sent you a letter stating that all charges against you were dropped.  You claim that you were awarded a reduction in grade from E-6 to E-5 during non-judicial punishment (NJP) and when released from the correctional facility, your rank was not restored as promised.  You also claim that you were diagnosed with conversion disorder and general anxiety disorder and since retirement you have been diagnosed with Post Traumatic Stress Disorder (PTSD), Psychogenic Noneplieptic Seizures (PNES), Functional Neurological Disorder (FND), Fibromuscular Dysplasia (FMD), and depression. 
 
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 case on its merits.  The Board, however, determined that your record will remain unchanged.  In this regard, the Board noted that your fitness report for the reporting period 3 January 2005 to 13 April 2005 documented your NJP and reduction in grade to E-5.  The Board determined that your reporting senior acted in accordance with BUPERSINST 1610.10, the Navy Evaluation Manual (EVALMAN) by documenting your NJP.  Moreover, the Board found no evidence that your NJP was set aside or that your Executive Officer sent you a letter stating that your charges were dropped.  The Board also noted your medical diagnoses and your DD Form 214 Narrative Reason for Separation (Disability, Permanent), but found no connection between your diagnoses and your contentions.  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,