DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 0930-19              
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. 

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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 5 March 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, as well as applicable statutes, regulations, and policies. 

You reenlisted in the Navy on 5 April 2013.  On 8 April 2013, after peer intervention by the Chief Petty Officer’s Mess starting in February 2013, you were counseled and directed to deal with CTI1 only on professional or work-related matters in order to avoid any perception of fraternization within the command.  On 29 April 2013, you were discovered in a Top Secret space with the CTI1 with the cipher lock disabled from the inside, while the CTI1 was on liberty and you were on duty.  You subsequently received nonjudicial punishment on 10 July 2013 for failure to obey a lawful order and were adjudged a reduction in rank, punitive letter of reprimand, and restriction/extra duty.  Your NJP appeal was denied, and a Report of NJP was included in your Official Military Personnel File.  You were given a special evaluation for the reporting period of 8 May 2013 to 18 July 2013, which withdrew your frocking authority and recommendation for advancement.  Your record is incomplete in that it does not contain your administrative separation documentation, but according to your Certificate of Release or Discharge from Active Duty (DD Form 214), you were honorably discharged by reason of disability on 18 September 2015. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your NJP and removal of advancement recommendation were “brought on due to existing medical conditions that led to bad decisions outside of [your] control.” Further, you contend that you had completed Chief initiation and, but for your medical condition, would have become a permanent E-7.  Additionally, the Board considered your contention that you petitioned your command for assistance with the “unknown issue” and were denied. You contend that “had an evaluation been conducted as requested,” you would have remained an E-7.  The Board noted that you did not provide medical documentation in support of your contention that you suffered from a medical condition which affected your judgment and decision-making.  After careful consideration, the Board concluded that you did not demonstrate that the NJP or reduction in rank were improperly or inappropriately imposed and determined restoration to E-7 was not warranted. 

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 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, 

4/4/2020