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

Docket No: 4409-18 
AUG O7 2019 


This is in reference to your application for correction of your naval record pursuant to the provisions of 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 7 May 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. 

The Board appreciates your service and sacrifice during the                   . The Board carefully considered your request for promotion to the grade of commander (CDR)/0-5. The Board considered your contention that, after safely piloting your crew home after a horrific storm 
during the                 you made the decision not to fly again. You assert that the decision not to fly again negatively affected your opportunities for future advancement.
 
Officers eligible for selection to CDR/0-5 are provided careful consideration by promotion selection boards. The Board noted that neither your record nor your application contains evidence that you were unjustly denied promotion to 0-5 by a promotion selection board. Therefore, the Board detem1ined that the evidence provided was insufficient to warrant your promotion to CDR/0-5. In any event, the Board lacks the authority to effect such a promotion, which requires approval by the Secretary of Defense, nomination by the President, and confirmation by the United States Senate. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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, 


Executive Director