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

Docket No: 11764-19 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 2 February 2021.  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 30 January 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-80) and your response. 

The Board carefully considered your request for a Special Selection Board (SSB) for promotion to Lieutenant Commander (LCDR/O-4) for the Fiscal Year (FY) 2020 Reserve LCDR Staff Corps Promotion Selection Board (PSB) Medical Corps.  You also request removal of your failure of selection (FOS) incurred during the FY 2020 Reserve LCDR Staff Corps PSB.  The Board considered your contentions that material information was not available to the promotion board for its consideration, specifically, your Officer Data Card and Officer Summary Record were nearly blank (service schools, academic degrees, date of rank, and year group).  You also contend that you were not informed that a letter to the board was needed to request a review, which resulted in your promotion package never being presented to the board.  You assert that you were never on active duty for more than 30 days, your Common Access Card (CAC) was issued without a chip, and BUPERS Online is only accessible with a CAC enabled identification (ID) card, making reasonable record review exceptionally difficult.  You further assert that action was taken to correct your record as soon as you were on active duty. 

The Board however, substantially concurred with the referenced AO.  In this regard, the Board noted your initial request for a SSB for the FY 2020 Navy Active Duty LCDR Staff Corps PSB and as noted in the AO, you were not eligible for promotion consideration by the active duty PSB.  The Board also noted your subsequent request and determined that you were eligible for, and you were properly considered by, the FY 2020 Navy Reserve LCDR Staff Corps PSB.  The Board also determined that you did not follow the requirements outlined in the Notice of Convening FY 2020 Navy Reserve Officer PSB (NAVADMIN 014/19), which provides that “All officers are reminded that it is their responsibility to ensure their personnel records are substantially accurate and complete.” Accordingly, the Board determined that you did not meet the standard for reasonable diligence and based on the foregoing determinations, the Board found no basis to remove your FOS.  The Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  

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, 
2/17/2021 

Executive Director