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

Docket No: 1219-19 
Ref: Signature date 

Dear 

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 10 March 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 naval record, and applicable statutes, regulations, and policies. 
 
The Board carefully considered your request to backdate your chief warrant officer-3 (CWO3) date of rank to the date you would have received if you had been selected by the Fiscal Year (FY) 2017 CWO3 Promotion Selection Board.  The Board considered your contentions that you incurred failures of selection by the FY 2017 and 2018 promotion boards due to missing fitness reports, and that, after this Board previously removed your failures of selection, you were subsequently selected and promoted to CWO3 by the FY 2019 promotion selection board. The Board also considered your contention that, had the material error not occurred and you had received fair consideration by the FY 2017 promotion selection board, you would have been selected and maintained the previous placement among your contemporariness on the lineal control list. 
 
The Board noted that, after all missing fitness reports had been entered into your official military personnel file (OMPF), a FY 2017 Special Selection Board (SSB) convened on 29 May 2018 to consider you for selection to CWO3.  The SSB members considered your record with a sampling of records of your 2017 contemporaries, and you were not selected for promotion.  

The Board thus concluded that there is no probable material error or injustice warranting adjustment of your CWO3 date of rank to the date you would have received, had you been selected by the FY 2017 promotion selection board. 

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,