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

Docket No: 9535-18 
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.   
 
A three-member panel of the Board, sitting in executive session, considered your application on 17 September 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, as well as the enclosed 16 January 2019 advisory opinion (AO) furnished by the Officer Accession and Promotions Branch (PERS-806),.  The AO was provided to you on 29 January 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.
  
The Board carefully considered your request to correct your lineal number and promotion board status, and to remove your failure of selections incurred by the Fiscal Year (FY) 2017, 2018, and 2019 Reserve Lieutenant Commander (LCDR)/O-4 Line Promotion Boards.  The Board considered your contentions that your date of rank (DOR) should have been changed effective 16 October 2009, and that, because your DOR was not so changed, you competed for promotion earlier than intended, which disadvantaged you because you did not have the same level of experience in the intelligence community as your peers.  You assert that a correct DOR and lineal number would make you eligible for your first promotion consideration on the FY20 Reserve LCDR/O-4 Line Promotion Board. 

The Board noted that you were commissioned on 18 June 2007 to pursue a medical degree at the Uniformed Service University (USU).  Your oath of office was signed 18 June 2007 and is on file in your official military personnel file (OMPF).  On 16 October 2009, you were disenrolled from the medical program at USU.  On 31 March 2010, you affiliated with the Navy Reserve as an intelligence officer.  On 27 September 2010, NPC PERS-80 recommended granting your request for retroactive promotion to lieutenant junior grade (LTJG).  On 7 February 2011, however, NPC (PERS-80) rescinded its initial advisory opinion and determining that, since you did not obtain a medical degree and were dropped from the program, your time spent at USU does not count toward your time-in-grade.  The letter also states that you were issued a new oath of office dated 16 October 2009.   

As part of the Board’s review, NPC (PERS-80) reviewed your request and provided an AO to the Board. The Board substantially concurred with the AO. In this regard, your OMPF does not contain evidence of an oath of office establishing your ensign DOR as 16 October 2009.  Without the oath of office, a comprehensive review of your record to reestablish your DOR cannot be completed.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   

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, 


10/11/2019