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

Docket No. 8271-18 
Ref: Signature Date 

This letter 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 6 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, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the enclosed 13 July 2018 advisory opinion (AO) contained in Navy Personnel Command (NPC) letter 1430 Ser 8031/288; a copy of which was previously provided to you for comment.
 
You requested advancement to the paygrade of E-6 for participating in the August 2017 Cycle 101 Navy-Wide Advancement Examination (NWAE) while serving in the reserve component.  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 you were not authorized for advacement to the paygrade of E-6 based on you participation in the August 2017 Cycle 101 NWAE.  You participated in the August 2017 Cycle 101 NWAE while serving in the reserve component.  Based on your Profile Information and Exam Status dated 9 November 2017, you were selected for advancement to the paygrade of E-6 in the reserve component; however, you converted to the active component on 7 August 2017, which occurred prior to your selection to the paygrade of E-6.  Therefore, your Profile Information and Exam Status dated 17 July 2018 reflected in BUPERS invalidated.  Although you were frocked to the paygrade of E-6 on 5 December 2017, you were not offically advanced due to the advancement invalidation.  Therefore, there was no valid authority to retain the paygrade of E-6 because of your frocking status.  In this connection, the Board substantially concurred with the comments contained in the AO. 

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 the 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, 


3/10/2020