Docket No. 5877-20
Ref: Signature Date

 
Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 5 November 2020.  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. 
 
You requested that your record reflect you retired as a Master Chief Petty Officer (MCPO)/E9.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you did not meet the eligibility criteria to retire as a MCPO/E9 in accordance with Bureau of Naval Personnel Instruction 1430.16C.  Specifically, the policy indicates that advancement to MCPO/E9 required an agreement to remain on active duty for a minimum of 2 years from the effective date of advancement, or to the date in which member would complete 30 years total service for retirement purposes, whichever was earliest.  Although you were frocked to Master Chief Radioman on 25 July 1988, you were not promoted and entitled to pay or other allowances associated with that authorization.  A review of your record does not reflect nor did you provide evidence of an actual promotion date occurring prior to your transfer to the Fleet Reserve on 30 September 1989.  Moreover, your transfer to the Fleet Reserve occurred 1-year, 2-months and 6-days after being frocked, thereby rendering you ineligible to retire as a MCPO/E9.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,