DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 4450-20 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, as well as the 30 June 2020 advisory opinion (AO) furnished by the Navy Personnel Command (NPC) (PERS-806) and your response. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. The Board carefully considered your request to change your date of rank (DOR) from 7 September 2011 to 16 December 2016 and to remove your failures of selection. The Board considered your contention that PERS-8 unofficial policy states that if, “. . . an officer has a break in service in excess of 3 years …the DOR is not adjusted for lost time but assigned as a new DOR at the time of commissioning. This allows the member sufficient time to reestablish a viable record so that they could have a chance at selection to the next grade. Failure to do so would have the member selection board eligible one year after recommissioning and would definitely fail to select.” You also contend that you lacked mentorship and as a new select reserve officer,you would have no way of knowing about the unofficial policy. You claim that if you had waited 14 more months to affiliate, your DOR would have been 16 December 2016 and it would have been beneficial at O-5 reserve selection boards. 

The Board, however, substantially concurred with the AO that your DOR was properly adjusted according to MILPERSMAN 1131-040. In this regard, the Board noted your service history, specifically: you were separated from active duty on 31 January 2009, and transferred to the reserve component; on 26 January 2010 you accepted a reserve promotion to O-4; on 24 October 2013 you were transferred to the Inactive Status List (ISL); you were involuntarily separated from the ISL on 13 February 2015; and on 15 December 2016 you accepted a commission with the select reserve. The Board also noted that according to the MILPERSMAN 1131-040, the DOR for an officer with less than a three year break in service will be adjusted month for month, not to exceed 36 months. The Board determined that based upon the date of your accepted commission in the select reserves, as noted in your oath of office, your break in service was less than 36 months, and accordingly, your DOR was appropriately adjusted. The Board also determined that the Navy policy for the establishment of reserve officer DORs is well established according MILPERSMAN 1131-040, the policy is available to all personnel, and your lack of awareness does not constitute an error or injustice. Based upon the fore going determination, the Board found no basis to remove your failures of selection. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting further 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, 
5/17/2021 

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