Docket No: 9005-19 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 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 19 November 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 also considered the 2 December 2019 advisory opinion (AO) furnished by the Navy Personnel Command, Office of Legal Counsel (PERS-00J), and your rebuttal. The Board carefully considered your request to remove your 20 October 2017 report of nonjudicial punishment (NJP) and punitive letter of reprimand (PLOR), and to remove the associated recommendations for your Detachment for Cause (DFC). The Board considered your contentions that the Navy made an error in discretion in handling your conduct, which should have been addressed with counseling instead of NJP; that there is no evidence in the record to support the basis for the PLOR and the recommendations for DFC; that the lack of communication to you regarding any perceived deficiencies prior to receiving NJP resulted in you being denied your right to due process; and that a Board of Inquiry (BOI) unanimously found that the evidence did not support the allegations of misconduct. You also assert that the allegations of maltreatment demonstrate a systemic failure in leadership. The Board noted that, on 20 October 2017, you received NJP for violation of the Uniform Code of Military Justice (UCMJ) Article 92 (failure to obey order or regulation) for wrongfully abusing your subordinates with capricious conduct and abusive language, and you were awarded a PLOR. On 6 November 2017, you appealed the NJP, requesting that your PLOR be substituted with a nonpunitive letter of caution. The imposing officer reviewed your appeal and all related documentation and determined that, by preponderance of the evidence, misconduct did occur and that a nonpunitive letter of caution would not be appropriate. He also determined that your punishment was fair and just to the offense committed, and recommended that your appeal be denied. On 18 December 2017, the Commander, , after reviewing your appeal and all of the evidence, determined that the finding that you violated the UCMJ, Article 92, was not unjust, nor was the punishment awarded disproportionate. Thus, your appeal was denied. On 22 January 2018, a Report of Misconduct (ROM) was submitted to Commander, Navy Personnel Command (PERS-834), requesting your Detachment for Cause (DFC). You responded to the ROM on 3 May 2018, disagreeing with the administrative actions requested and recommended in the ROM. You also made multiple statements that you had not previously been counseled regarding your conduct, that you never knowingly or intentionally placed stress on your department, that you never used your rank to intimidate any chaplains in your department, and that you were denied your due process rights. Your chain of command forwarded the ROM, with your statement, to the Commander, Navy Personnel Command (PERS-834). On 29 September 2018, PERS-834 granted the detachment for cause request. PERS-834 also notified you that you were required to show cause for retention before a BOI. On 4 January 2019, you appeared before a BOI. The BOI unanimously voted that the preponderance of the evidence did not support misconduct or substandard performance warranting separation. PERS-834 notified you on 17 January 2019 that you were retained in the Navy, and that you may submit a statement in response to adverse material inserted into your official military personnel file. The Board, however, substantially concurred with the AO. With regard to your NJP, the Navy followed all of its procedures for awarding an NJP, including appellate review pursuant to the Manual for Courts-Martial. Likewise, the administrative procedures for officer DFC under MILPERSMAN 1611-020 were correctly followed. Next, the Board concurred with the AO that the fact that a BOI reached a different conclusion than your CO’s determination at NJP does not render the disciplinary action inappropriate or unjust. NJP for military disciplinary issues and administrative separation processing are two separate processes. The disciplinary and administrative actions in your case were consistent with Navy policy and supported by evidence. Lastly the Board noted that you had an opportunity to address your concerns that your conduct had not been directly brought to your attention or discussed with you at any time. Your chain of command took your comments into consideration when determining that your NJP and DFC were warranted. The Board thus concluded that you did not provide sufficient evidence showing a material error or injustice. 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 attachés 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,