Docket No. 3323-21 
 
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 28 September 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.  In addition, the Board considered the advisory opinion contained in Bureau of Medicine and Surgery memorandum of 1 July 2021 and Navy Personnel Command (NPC) memorandum PERS-80/0330 of 28 July 2021; a copy of which was previously provided to you for comment.   
 
You requested to have your rank changed from O-2 to O-3E effective 1 February 2021.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  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 Lieutenant (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 3 April 2021, thereby rendering ineligible for consideration during the secondary AFQOL process for fiscal year 2021 and promotion to LT/O-3 effective 1 February 2021.  In this connection, the Board substantially concurred with the comments contained in the NPC advisory opinion. 
 
Under the statutory authority codified in Title 10 U.S.C. § 1552, the Board may only correct service records based on errors or injustices and may do so only after other avenue of administrative relief have been exhausted.  Therefore, you are required to address your concerns regarding entitlement to the special rate of basic pay for creditable prior enlisted service with your servicing Personnel Support Detachment. 
 
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, 
10/18/2021
Deputy Director