DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1820-18 MAY 3 2019 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 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 9 January 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, an 8 November 2018 advisory opinion (AO) by the Officer Accession and Promotions Branch (PERS-806) a copy of which was provided to you on 27 November 2018, your 3 December 2018 reply, as well as applicable statutes, regulations, and policies. The Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. The Board carefully considered your request for appointment to the grade O-4/Lieutenant Commander (LCDR) with two and one-half years, time-in-grade. The Board considered your contention that you were selected for a change of designation to the Judge Advocate General’s Corps (JAGC) effective 12 July 2017 in accordance with NAVADMIN 110/17. The NAVADMIN states “Officers chosen for redesignation to the Reserve JAGC will be credited with 1 day of service credit for each day of prior service as a commissioned officer, performed as a regular or reserve officer in an active status in any uniformed service up to a maximum entry grade of LCDR with 2 and 1-half years, time-in-grade.” You set forth that, at the time of your application, you had more than 15 years of prior commissioned service, qualifying you for the maximum entry grade credit and appointment to the rank of LCDR. The Board noted the aforementioned but concurred with the AO. Specifically, the program allows for a maximum entry grade of LCDR, who would then receive a maximum of two and one-half years of time-in-grade based on prior service credit. The program does not allow for an officer to be promoted, nor is there a provision in law or policy to promote an officer to the next higher paygrade for this program. In your rebuttal, you state the advisory opinion incorrectly relied on the assertion that there is no basis in law or policy for the correction to your naval record. You note procedures directed by OPNAVINST 1120.11A and NAVADMIN 110/17. The Board found that neither OPNAVINST 1120.11A nor NAVADMIN 110/17 authorizes the promotion of officers to the next higher grade. Although the words “credited” and “credit” were used in NAVADMIN 110/17, they were used in the context of determining the proper date of rank within grade, not determining a new rank. The Board thus concluded that your record will remain unchanged. 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. 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, Executive Director