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

Docket No: 9614-19 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 15 December 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, as well as the 2 March 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-80).  The AO was provided to you on 13 March 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.
 
The Board carefully considered your request for promotion consideration by the Fiscal Year (FY) 2020 Navy Active Duty Lieutenant Commander Staff (AO4S) Special Selection Board (SSB).  The Board considered your contention that you were not selected for promotion because your fitness reports were missing from your record.  You claim that you were not aware of the requirement to submit a detachment fitness report until after January 2019. 

The Board, however, substantially concurred with the AO that a SSB is not warranted. In this regard, the Board noted that according to the FY 2020 Promotion Selection Board (PSB) Notice of Convening, “In-zone and above-zone eligible officers in the grade lieutenant, lieutenant commander and commander, whose placement on the Active Duty List is within one year of the convening dates of these boards, are automatically deferred unless they specifically request to be considered.”   The Board also noted that you were gained to active duty on 9 July 2018 and the FY 2020 AO4S PSB convened on 14 May 2019, thus you were amongst the population automatically deferred. Moreover, the Board found no evidence that you submitted a request to waive the deferment and you provided none.  Accordingly, the Board concluded that there is no probable material error or injustice warranting corrective action.  

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,