Docket No. 4058-20
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 11 May 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 Chief of Naval Personnel (OPNAV N1) email dated 7 May 2021 and your response to the opinion.   
 
You requested retroactive advancement to paygrade E8 effective 2 June 2016; release of Fiscal Year Active Duty Navy E8 Selection Board results.  Additionally, you requested to receive retirement pay at the rate of E8 vice E7.  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 criteria for advancement to E8 prior to 29 October 2016.  A review of your record reflects your date of advancement to E8 was scheduled for 16 February 2017.  However, your date of advancement was changed to align with your 29 October 2016 transfer to the Temporary Disability Retired List in accordance with Bureau of Naval Personnel Instruction 1430.16F and as outlined on your DD Form 215, Correction of DD Form 214 Certificate of Release or Discharge from Active Duty dated 3 March 2020.  Moreover, Department of Defense Financial Management Regulation 7000.14-R indicates retired pay is based on the High-Three Average; the average of the highest 36-months of monthly basic pay received while in active service.  Your last 36-months of active service were in paygrade E7, thereby rendering you ineligible for the requested pay adjustment.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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, 
 

6/14/2021
Deputy Director