Docket No. 5029-20
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 12 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 Navy Recruiting Command letter 1133 Ser N35 of 5 November 2020; a copy of which was previously provided to you for comment.   
 
You requested to retain your original date of rank (DOR) of 1 May 2012 vice 28 August 2019 upon re-affiliation with the Navy Reserve.  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 to maintain your DOR in accordance with Military Personnel Manual Article 1131-040.  Specifically, the policy indicates that if the period of separation is in excess of 6-months, Navy Personnel Command will adjust the member’s DOR.  A review of your record reflects you were promoted to Lieutenant on 1 May 2012, resigned your commission effective 20 September 2016 and was reappointed a Navy Reserve commission on 8 September 2019 in the same grade previously held (Lieutenant); therefore, the Board determined your DOR was adjusted per the aforementioned policy.  In this connection, the Board 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,