Docket No: 624-20 
Ref: Signature Date 



This is in reference to your application of 16 September 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 March 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, policies.  The Board also considered an advisory opinion (AO) of 31 January 2020 from Navy Personnel Command (PERS 312). 

You enlisted in the Navy and began a period of active duty on 23 March 2016.  On 21 November 2018, you were selected for advancement to E-4 as indicated by the release of the Fall 2018 Petty Officer Advancement results.  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed an honorable discharge by reason of condition, not a disability.  Prior to being advanced to E-4, you were discharged with an honorable characterization of service on 7 February 2019. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your DD Form 214 should be corrected to show you were an E-4 upon discharge.  The AO provided by PERS 312, a copy of which was provided to you on 4 February 2020, confirms you were selected for advancement to E-4 but indicates the effective date of your prospective advancement was 16 June 2019. Since you were discharged on 7 February 2019, prior to the effective date, your DD Form 214 correctly indicates you were discharged as an E-3.  After careful consideration, the Board concluded you did not demonstrate that an error or injustice exists on your DD Form 214. 

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 the 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.