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

Docket No. 9566-18
Dear , 
 
This is in reference to your application of 25 August 2018 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 8 November 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.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command (NPC) memorandum 1430 PERS 8031/0125 dated 13 May 2019; a copy of which was previously provided to you for comment. 
 
You requested advancement to the paygrade of E-3 upon your discharge from active duty on 2 September 1976.  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 there was insufficient evidence in your naval record to determine your eligiblity for advancement to the paygrade of E-3.  You were advanced to the paygrade of E-2 on 4 February 1975.  Per BUPERSINST 1430.16, eligibility for advancement to the paygrade of E-3 consisted of the following requirements: minimum service requirement of 8 months; successfully passing the Navy-Wide examination for advancement in rate; and receive recommendation for advancement from respective Commanding Officer (CO).  Your naval record did not reflect evidence of your CO’s recommendation, nor did you provide supporting documentation that reflects advancement recommendation from your respective CO.  The Board substantially concurred with the comments contained in the advisory opinion. 
 
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.