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

Docket No. 7559-18


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 1 November 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) memorandum 1000 Ser PERS-43/045 dated 17 April 2019; a copy of which was previously provided to you for comment.   
 
From March 2013 to June 2014, you were in Command of VFA-146.  On 16 September 2014, NAVADMIN 216/14 (FY-14 and FY-15 Aviation Command Retention Bonus (ACRB)) was published.  This NAVADMIN announced the restoration of the ACRB.  All officers sitting in command of eligible units beginning 8 September 2014 were eligible to apply.  The Aviation Officer Community Manager contacted all Commanding Officers including you that had not had a bonus opportunity while in command.  You declined to join the 48 exception to policy (ETP) requests being routed to Assistant Secretary of the Navy for manpower and Reserve Affairs (ASN (M&RA)) in December 2014.  On 19 August 2015, you submitted a signed contract to BUPERS-3/BUPERS-313 in an effort to have your contract included with the other 48 officers.  On 1 September 2015, ASN (M&RA) approved the exception to policy request for the FY-14/FY-15 Navy Active Component (AC) ACRB extending eligibility to 48 officers who left command prior to the approval of the FY-14/FY-15 ACRB program who were not previously eligible for the ACRB.  On 23 September 2015, you requested an exception to policy for the FY-14 and FY-15 ACRB eligibility and acceptance.  On 13 July 2016, the Navy Personnel Command (PERS-43) disapproved your request, along with 11 other officers as a second ACRB ETP and was disapproved by ASN (M&RA).  
You requested that your ETP be approved, accept your FY-14/FY-15 ACRB contract, receive payment, and that you completed your two year commitment.  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 you were provided an opportunity to submit a FY14/FY15 ACRB package upon being notified in the fall 2014 timeframe by the Aviation Officer Community Manager.  Admittedly, you declined to submit an ACRB package at that time because it was more likely than not that you were going to retire.  In June 2015, you were selected to be Major Program Manager (MPM) eligible, making it more likely that you would remain on active duty.  You were selected and subsequently tried to add your name to the original request that was routed to ASN (M&RA) in December 2014.  Your request was submitted with 11 others to the ASN (M&RA) requesting permission to grant an ACRB and was disapproved.  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.