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

HT1    USN (RET)  

Dear Petty Officer   
 
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 applications on 12 August 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations, and policies.  The Board also considered the 2 August 2019 Advisory Opinion (AO) furnished by the Navy Personnel Command (PERS-803), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to be advanced to paygrade E-7.  The Board considered your contention that the Commanding Officer of the Reserve Center rated an Article 138, UCMJ Complaint Of Wrongs, and that he was very racist. 
 
The Board, however, substantially concurred with PERS-803 AO which determined that you did not meet the Final Multiple Score (FMS) to be board eligible for E-7 from either the 1978 Navy Wide Advancement Exam (NWAE) or the 1993 NWAE.  The Board further noted that there is no evidence in the record, and you submitted none, that your Commanding Officer was racially prejudiced, or that he was otherwise responsible for your failure to advance to E-7.  
 
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, 

8/12/2021
Executive Director