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

Docket No. 1738-20 
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 5 January 2021.  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.
    
You requested to change the effective date of paygrade for EN2/E-5 to 29 September 1979.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that in accordance with Bureau of Naval Personnel Instruction 1430.16A, the minimum length service requirements for advancement in rate for pay grade E-4 to E-5 is 12-months in pay grade E-4 and minimum total of three years enlisted service.  A review of your record indicates, you entered active duty on 18 August 1976.  On 16 January 1979, you advanced to EN3/E-4.  In September 1979, you participated in the September 1979, Cycle 084 NWAE and was selected for EN2/E-5.  The earliest you could have advanced to EN2/E-5 would have been 16 January 1980 per the aforementioned policy; however, as of a result of your final multiple score, your advancement date was 16 March 1980 as annotated on DD Form 214, Certificate of Release or Discharge from Active Duty dated 17 August 1980.  Unfortunately, there appears to have been an administrative oversight regarding the abovementioned advancement policy when you were erroneously issued NAVPERS 1430/7, Certificate of Appointment with rank from 29 September 1979. 


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,