DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5904-20 
Ref: Signature Date 


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 26 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.   
  
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. 

On 13 June 2012 you enlisted in the Navy Reserve as a Midshipman and on 24 June 2012 you entered a period of active duty to attend the Naval Academy Preparatory School (NAPS).  On 26 June 2013 you completed NAPS and entered the United States Naval Academy (USNA) the same day.  After graduating USNA on 25 May 2017 you were commissioned on active duty on 26 May 2017. 

You requested to correct your rank from O-2 to O-2E.  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 in accordance with the Department of Defense Financial Management Regulation, Volume 7A, Chapter 1, paragraph 010203.A.2 a commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years of prior active service as an enlisted member are entitled to the special rate of basic pay for pay grade O-1E, O-2E, or O-3E.  

You earned a total of 11 months and 3 days of prior active duty service as an enlisted member while attending the NAPS.  Your service while attending the USNA is not creditable.  The Board found no error or injustice to warrant a change to your 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, 
2/21/2021