Docket No: 8511-20 
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 31 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 application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, as well as the 21 December 2020 advisory opinion (AO) provided by the Navy Personnel Command (PERS-80).  The AO was provided to you on 5 January 2021, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
The Board carefully considered your request to change your Full Time Support (FTS) Program redesignation date from 7 May 2020 to 19 May 2020.  You also request retroactive promotion to Lieutenant Commander (LCDR/O-4) on the Fiscal Year (FY) 2021 Active Duty LCDR Line Navy Promotion Selection Board.  The Board considered your contention that you signed your oath of office on 7 May 2020, consequently, you were ineligible for both the reserve and active FY 2021 LCDR promotion selection boards because your redesignation date fell between the submission deadlines.  You also contend that according to MILPERSMAN 1302-221, the community manager will submit changes of designation to XXX7 upon receipt of a signed copy of NAVPERS 1000/4”, resulting in an erroneous date on your record.  You claim that PERS-8 confirmed that your redesignation date was effective 1 May 2020, you asked about the effects of redesignating in regards to promotion boards and you were assured by the Reserve Program Manager that you would be on the FTS promotion selection board.  You also claim that several lieutenants (LTs) were affected by this oversight in the transition process and your request for a Special Selection Board (SSB) was denied, because there was no administrative error.   
 
The Board, however, substantially concurred with the AO and determined that according to your redesignation date into the FTS Program you were ineligible for promotion consideration by the FY 2021 Navy Active Duty LCDR Line Promotion Selection Board.  In this regard, the Board noted that you signed your oath of office on 7 May 2020 transitioning you to the Navy reserve component.  The Board also noted that the names of eligible officers for the FY 2021 Navy Active Duty Line Promotion Selection Board was determined as of 18 May 2020.  The Board determined that your status in the Navy reserve component rendered you ineligible for promotion consideration.  The Board also determined that because you signed your oath of office on 7 May 2020, your redesignation date is not erroneous.  Moreover, the Board found no evidence that you were misinformed regarding your eligibility for the FY 2021 Navy Reserve LCDR Line Promotion Selection Board and you provided none.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
  
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, 
9/2/21
Executive Director