DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5315-18 FEB 01 2019 Dear : This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. After careful and conscientious consideration of the entire record, the 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 30 October 2018. 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. The Board carefully considered your desire to grant a back date-of-rank (DOR) and adjust your lineal control number (LCN) in the grade ofcaptain, to the DOR and LCN you would have received if selected by the FYI7 USMC Captain Promotion Selection Board, with all associated back pay and allowances. The Board considered your contention that there were several administrative errors in your official military personnel file (OMPF) that resulted in your two failures for selection (FOS) for promotion by the FY17 and FY18 Captain Promotion Selection Boards. You assert the BCNR, after determining your FOSs were due to the administrative errors, removed the two FOSs from your record. After the FOSs were removed, you were selected for promotion and promoted to the rank of captain effective 1 October 2018. The Board considered your desire to maintain seniority with your peers selected by the FY17 Promotion Selection Board. The Board noted the unfortunate circumstances which resulted in the lack of performance observation available for consideration by the FY17 Promotion Selection Board, and the relatively short period of performance observation available to the FY18 Promotion Selection Board. The Board noted your FOSs were removed because of the unjust nature of your mandatory separation date, that there were no errors in your record and the BCNR did not correct any errors. Specifically, following the aviation mishap and military occupational specialty (MOS) re-designation, and the unobserved performance periods, it was unjust for you to face mandatory separation without having had the opportunity to gain the MOS experience and credibility you were lacking, before competing for promotion before the FY17 and FY18 Promotion Selection Boards. Removing the FOSs in effect, removed your mandatory separation date and gave you the opportunity to establish a more competitive record before competing for promotion as an in-zone officer by the FY19 Promotion Selection Board. The Board found no evidence in your record, and you submitted none, that would demonstrate your record, as viewed by the FY17 and FY18 Promotion Selection Boards was any more competitive after the BCNR removed your FOSs than it was before the FOSs were removed. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director 2