DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6683-18 Dear , This is in reference to your application for correction of your naval record pursuant to Title 10, 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 11 April 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 Division (PERS-803) memorandum 1430 PERS 8031/080 of 2 April 2019 and your response to the opinion. On 30 November 2012, you were discharged due to Reduction in Force as an E-6 with a date of rate of 1 January 2010. On 1 December 2012, you entered the naval reserve. On 28 July 2014, you reenlisted on active duty to comply with the reserve to active duty component program as an E-6 with a date of rate of 28 July 2014. On 4 August 2017, you were selected to E7 (with an advancement number of 89 and you would have been advanced on 16 August 2018) via the FY- 18 Active-Duty Navy E7 Selection Board. On 20 February 2018, you were subject to an Non- Judicial Punishment and received suspended reduction for 6 months. On 24 May 2018, reduction suspension was vacated and you were reduced to E5. On 20 February 2019, you were subject to an Non-Judicial Punishment and you were reduced to E4. On 18 July 2019, you were discharged due to Misconduct (Serious Offense) as an E4 with a date of rate of 20 February 2019. You requested to correct pay status to Chief Petty Officer, due to your seniority in paygrade. This should have ultimately affect your pay status to E7 either 16 November 2017 or 16 December 2017. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless, the Board found that per BUPERSINST 1430.16F “TIR Date on Reporting to Active Duty from Drilling Navy Reserve Status in the Same Paygrade Held as a Drilling Navy Reservist. Member will retain the same TIR as held in the Drilling Navy Reserve if no break in service. The date of recall will be used as the new effective date of rate.” Your Time in Rate (TIR) was 1 January 2010, allowing you to take the exam with your peers and making you all Promotion Board eligible: however, upon selection, they were scheduled for advancement earlier due to their seniority in paygrade because your advancement date was 28 July 2014. 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 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.