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

Docket  No. 3283-18
NOV 26  2019

Dear

This is in reference to your application for correction of your naval record pursuant to Title I 0, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered  your application  on 20 August 2019.  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 Enlisted Career Progression Branch memorandum  1430 PERS 8031/0355  dated 23 August  2018, a copy of which  was previously provided  to you  for  comment.

On 20 August 2015, you were discharged  from the U.S. Navy.  On 13 February 2018, the Board  for Correction of Naval Records removed your non-judicial punishment (NJP) and restored your rank to E-5.  Furthermore,  you were authorized  to return to active duty if you met medical  retention  standards.

You requested  for your March 2015 (Cycle 227) Navy Wide Advancement  Examination   (NWAE) be validated and compared to missed Cycles 228, 231, and 232 if its permissible. 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 no action  will  be taken until you  re-affiliate with the Navy and participate in the next  available NWAE.  Once  this occurs you should  resubmit  your request.  In this connection, the Board substantially concurred  with  the comments  contained  in the advisory opinion.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 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 Fann 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,





































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