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

Docket No. 10686-18 Ref: Signature Date 

This 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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 6 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 and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Enlisted Career Progression memo 1430 PERS 8031/0034 of 22 January 2020; a copy of which was previously provided to you for comment. 

On 22 September 2015, NAVADMIN 228/15 (February 2016 Cycle 098 Navy-Wide Examinations for Advancement of selected Reserve Personnel to E-4 thought E-7) directed that Evaluation Report & Counseling Records with ending dates that fell during the time period of 1 February 2015 to 31 January 2016 were to be used to calculate Performance Mark Average (PMA).  

On 24 March 2016, NAVADMIN 074/16 (August 2016 Cycle 099 Navy-Wide Examinations for Advancement of selected Reserve Personnel to E-4 thought E-6) directed that Evaluation Report & Counseling Records with ending dates that fell during the time period of 1 June 2015 to 31 July 2016 were to be used to calculate PMA. 

You received an Evaluation Report & Counseling Record as a CTNSN/E-3 for the period of 16 July 2015 to 15 July 2016.   

You received an Evaluation Report & Counseling Record as a CTN3/E-4 for the period of 16 July 2016 to 9 January 2017. 

You requested advancement to E-5 and back pay; 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 did not have an Evaluation Report & Counseling Record as a CTN3/E-4 in order to compute performance mark average PMA for either of those missed cycles.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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, 


6/2/2020