Docket No. 8506-20
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 20 May 2021 and 11 August 2021, after a legal review that required them to reconvene your case.  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 5420 PERS 806 of 1 July 2021, which a copy was previously provided to you for comment.   
 
You requested your record be corrected to reflect promotion to Lieutenant (LT)/O-3 effective 1 April 2020.  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 that in accordance with Title 10 Sections 611, 624 and 5947, an All Fully Qualified Officer List (AFQOL) screening process is required for promotion consideration from O-2 to O-3.  Pursuant to the those laws, Navy Personnel Command has business rules that indicate to be eligible for consideration for LT/O-3 an officer must be on the Reserve Active Status List or Active Duty List the day the process convenes, regardless of entry grade credit.  The primary AFQOL process begins on May 1, and the second AFQOL process begins on December 1.  A review of your record indicates you entered active duty on 10 May 2020, thereby rendering ineligible for consideration during the primary AFQOL process and promotion to LT/O-3 effective 1 April 2020.  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, 

8/17/21


Deputy Director