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

Docket No. 6882-18 
Ref: Signature Date 

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 10 December 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 Navy Personnel Command (NPC) PERS-00J letter of 21 October 2019 and NPC memorandum 1400 Ser 833/1332 of 19 August 2019, which a copy was previously provided to you for comment. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
On 20 July 2016, your clearance investigation was opened.  On 19 October 2017, you were notified of your promotion delay.  On 14 December 2017, your clearance investigation was closed.  On 25 June 2018, you were promoted to Lieutenant/O-3 with an effective date of 1 October 2018.

You requested to receive interest on all back pay amounts issued regarding your delayed promotion.  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 Title 5 United States Code 5595 does not pertain to service members, only civilian employees.  The Board agreed that you received all back pay entitled.  In this connection, the Board substantially concurred with the comments contained in the advisory opinions. 

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.  

Sincerely,