DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6874-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 26 November 2019. 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 restore your selection to ATCS (E-8) by the Fiscal Year 2019 (FY19) Navy Reserve Senior Chief Petty Officer (SCPO) Promotion Selection Board. The Board considered your contention that your security clearance was temporarily suspended due to the discovery of adverse material during the post-board screening, and that, if not for the temporary suspension, you would have been promoted. You argue that, despite an administrative discharge board’s (ADB’s) determination that you did not commit misconduct, and despite restoration of your security clearance, the Chief of Naval Personnel improperly disapproved your advancement to SCPO. The Board noted that you tested positive for a controlled substance and, consequently, were subject to mandatory administrative separation processing. On 27 February 2018, your ADB, by vote of two to one, determined that the preponderance of the evidence did not support your proposed administrative separation for misconduct due to drug abuse. On 16 April 2018, the Commander, Navy Personnel Command (PERS-833), notified you of your promotion selection and withhold status due to a pending 17 November 2017 incident report. In response, you submitted a statement to PERS-833, including letters of recommendation, the record of proceedings from your ADB, and your evaluations. The Deputy Chief of Naval Personnel, in his 6 October 2018 Action Memorandum to the Chief of Naval Personnel, noted that information regarding your adverse matters was not available to the promotion selection board when you were selected for promotion. On 11 December 2018, the Chief of Naval Personnel disapproved your advancement to SCPO, and, on 13 February 2019, you were notified that your name had been removed from the FY-19 Navy Reserve SCPO Selection Board list. Regarding your contentions that, if not for the temporary suspension of your security clearance, you would have been promoted, and that the ADB determined that you did not commit misconduct, the Board noted that your selection was withheld due to a pending incident report, and that the adverse information regarding your positive urinalysis for a controlled substance was properly reported to PERS-832 pursuant to MILPERSMAN 1616-040. Additionally, BUPERSINST 1430.16G, the Advancement Manual for Enlisted Personnel of the U.S. Navy and U.S. Navy Reserve, provides that the Chief of Naval Personnel is the promotion (and removal) authority for E7-E9 promotions. The Board determined that all of the underlying information reviewed to determine your suitability for promotion would have been provided to the Chief of Naval Personnel in TAB B of the 6 October 2018 Action Memorandum, to include the information regarding your restored security clearance and the ADB’s findings. The Board also determined that the Chief of Naval Personnel’s decision to remove your name from the Promotion List was made deliberately and, ultimately, he was not bound by the ADB’s finding, which was split. Accordingly, the Board concluded that you failed to provide substantial evidence demonstrating the existence of a probable material error or injustice warranting your requested relief. 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, 12/10/2019