Docket No. 1731-21  

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 27 April 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.   
 
On 1 November 1988, you entered active duty.  Subsequently, you were found guilty at Non-Judicial Punishment on 16 June 1989, for violation of Article 112a; wrongful use of controlled substance (Cocaine).  Thereafter, you were found guilty at Special Court-Martial on 19 March 1991 for violation of Article 120; commit the offense of carnal knowledge, and Article 134 (3 specifications); take indecent liberties.  As a result, you received confinement to 45 days, forfeiture of $500.00 a month for 1 month, and reduced in rank to E-1.  Consequently, you were released from active duty and transferred to the Navy Reserve on 7 December 1991, followed by discharge on 16 October 1996. 
 
You requested your paygrade of E-3 be reactivated.  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 there is no evidence, nor did you provide any, of your Special Court-Martial being revoked or any instructions of your rank being reinstated to E-3 after six months of discharge.  Moreover, there is no provision in law or regulation that allows for the reinstatement of rank due solely to the passage of time.  
 
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, 
5/21/2021
Deputy Director