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

Docket No. 10761-19 
Ref: Signature Date 

Dear        , 

This is in reference to your application for correction of your late husband’s 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 28 January 2020.  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 husband’s naval record and applicable statutes, regulations and policies.
  
You request the pay difference of E-6 to E-7 from D-Day to discharge plus interest.  The Board, in its review of your husband’s entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that he was not promoted to E-7 on D-Day, 6 June 1944.  The Board could not find any promotion warrant.  In the 7 December 1944 letter from the Commanding Officer, , to the Chief of Naval Personnel (CNP), your husband was interviewed and stated that he was recommended for advancement to the rating of ACOM prior to “D” day, 6 June 1944, but he was never informed of the actual advancement subsequent to that date.  On 24 March 1945, the CNP replied and stated that his correct rate is that of aviation ordnanceman first class/E-6.  Your husband was authorized to be advanced to E-7 based upon a previous request through this Board (BCNR Docket No 10591-15 of 15 April 2016) with effective on date of discharge, 17 September 1945.  Since his authorized advancement was effective the date of discharge, there is no difference in pay owed from 6 June 1944 through 17 September 1945.  

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,