DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 888-19 
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 11 February 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 5 February 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) and your response.  
 
The Board carefully considered your request to remove your fitness reports for the reporting periods 5 October 2015 to 15 September 2016 and 4 December 2016 to 15 September 2017.  Alternatively, you request that the fitness reports be modified to meet the reporting senior’s (RS) fitness report average, and that your promotion recommendations be changed from “Promotable” to “Must Promote” or “Early Promote.” You also request a Special Selection Board (SSB) for promotion consideration to the grade of E-8 for Fiscal Year (FY) 2016 and FY 2017.  The Board considered your contentions that your promotion to E-8 was “stagnate due to bias evaluations,” a hostile work environment, and legal issues created by the chain of command.  You also contend that your RS was sexist and discriminated against you due to false and unsubstantiated allegations.   
 
The Board, however, substantially concurred with the AO that your contested fitness reports are valid.  In this regard, the Board noted that your reports do not contain any adverse trait marks, promotion recommendations, or comments.  The AO explained that forced distribution limits the number of Early and Must Promote rankings in a summary group.  The Board determined that your RSs acted within their discretionary authority in their assessment of your performance and in their ranking of you amongst the summary group.  The Board also determined that they did so in accordance with BUPERSINST 1610.10D, the Navy Evaluation Manual (EVALMAN).  The Board also noted that you submitted a Naval Inspector General (NAVIG) complaint alleging reprisal and abuse of authority; however, the NAVIG determined that an investigation was inappropriate since you were pending disciplinary action.  Furthermore, the Board found no evidence that your RSs were biased or sexist, or that there was a hostile work environment, and you provided none. Based upon these mentioned determinations, the Board found no justification to warrant the convening of an SSB.  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, 


3/20/2020