Docket No. 5944-20
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 4 March 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 Personnel Command memorandum 1430 PERS 8031/272 of 15 September 2020 and Navy Recruiting Comamnd letter 1133 Ser N35 of 14 October 2020; a copy of which was previously provided to you for comment.   
 
You requested a time in rate adjustment to E-2 upon completion of recruit training and all subsequent time in rates during your career.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, you did not provide nor was the Board able to find the evidence required to support your retroactive advancement to E-2 in accordance with Commander Navy Recruiting Command Instruction 1130.8J.  In this connection, the Board substantially 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,