Docket No. 4772-20
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 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.  In addition, the Board considered the advisory opinion contained in Chief, Bureau of Medicine and Surgery letter 5400 Ser M1/20UM10062 of 25 September 2020 and your response to the opinion. 
 
On 14 December 2006, you earned a Master of Science degree majoring in Biology from the University of San Francisco.  On 27 July 2009, you signed a Uniformed Services University of the Health Sciences (USUHS) Military Service Obligation Statement of Understanding.  On 27 July 2009, you were Commissioned as an Ensign in the active U.S. Navy with a designator code of 1970 (An Unrestricted Line Officer under instruction in the Armed Forces Health Professions Scholarship Program).  On 18 May 2013, you were Appointed a Lieutenant in the U.S. Navy with designator code of 2100 (A Medical Corps Officer).  From 19 May 2013 to 22 August 2014 you were an Intern.  From 23 August 2014 to 15 April 2015, you were a student of Naval Flight Surgeon course.  On 16 April 2015, you were a Flight Surgeon. On 1 September 2019, you were appointed to Lieutenant Commander.      
 
You requested to be awarded 2 years entry grade credit for completion of Master's degree prior to commissioning per OPNAVINST 1120.4B.  Modify NAVPERS 1000/4 dated 18 May 2013, block 14 (perm grade date), to read "18 May 2011" vice "18 May 2013".  Modify NAVPERS 1421/7 dated 1 September 2019, line 1, change perm appointment to LCDR date of rank to "1 September 2017" vice "1 September 2019".  Payment for the difference in pay between O-3 and O-4 from 1 September 2017 to 1 September 2019; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  In accordance with OPNAVINST 1120.4B (7 July 2011) Credit for advanced education may be awarded for Master’s or Doctorate degrees when the degree contributes directly to performance in the primary medical or surgical specialty to which the applicant will be assigned.  However, the Board concluded that your Master’s degree did not contribute directly to your appointment in the Medical Corps as an intern, where you spent nearly two more years in additional training.   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,