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

Docket No. 10501-18 
Ref: Signature Date 

This letter is in reference to your reconsideration request dated 11 October 2018.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 11 June 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.   

You requested to backdate E-5 to E-6 effective 1 January 2016.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that you took the March 2015 (Cycle 227) Navy Wide Advancement Examination (NWAE) and you passed not advanced (PNA).  Through no fault of your own, you missed the September 2015 (Cycle 228) NWAE.  A comparison between Cycle 227 and Cycle 228 was made; however, you did not meet the minimum multiple to be advanced.  On 7 January 2016, you arrived to             for “A” school (conversation to the CTN rate).  Per BUPERSINST 1430.16F, you were prohibited from taking March 2016 (Cycle 231) NWAE while under instruction for conversation.  Following your graduation, you took the September 2016 (Cycle 232) and were selected to E-6 and advanced on 16 February 2017.  Therefore, the Board concluded you were advanced from the correct Cycle.  

It is regretted that the circumstances of your reconsideration petition 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 the absence of  new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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, 


10/21/2019