Docket No. 3321-20
Ref: Signature Date
 

 
Dear  ,  
 
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 9 March 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.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command memorandum 1430 PERS 8031/0146 of 18 May 2020 and your response to the opinion.   
    
You requested reinstatement of your advancement to Hull Maintenance Technician Second Class (HT2)/E-5, associated back pay, and the ability to take the next first class exam.  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 you did not meet the eligibility criteria to participate in the August 2015 (Cycle 097) Navy Wide Advancement Exam (NWAE) in accordance with NAVADMIN 116/15.  Specifically, NAVADMIN 116/15 required candidates in a rating requiring a security clearance to have a favorable investigation adjudication or have an interim clearance granted by the Commanding Officer (CO) before 1 August 2015.  Hull Maintenance Technician is a rating that must, at minimum, maintain continuous security clearance eligibility.  A review of your record indicates you participated in the August 2015 (Cycle 097) NWAE and was selected for advancement to HT2/E-5 with an effective date of 16 March 2016; however, you did not have an adjudicated security clearance or an interim clearance approved by your CO prior to 1 August 2015.  The aforementioned was verified by the CO, Navy Operational Support Center, Denver letter 1400 Ser N01E/033 of 4 February 2016 requesting to invalidate your advancement because you did not have an adjudicated security clearance.  Moreover, your security clearance eligibility was denied on 23 May 2016.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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,