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

Docket No. 2202-19 
Ref: Signature Date

Dear	:

This 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 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 application on its merits. A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 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 advisory opinion contained in Enlisted Career Progression Branch memo 1430 PERS 8031/060 of 6 June 2019, a copy of which was previously provided to you for comment.

You requested to be advanced to E-7 or higher and a Meritorious Service Medal. 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 after reviewing your Official Military Personnel File, Commander Nelms wrote two Enlisted Performance Evaluation Reports (30 November 1989 to 28 February 1991 and 1 March 1991 to 30 November 1991) that showed you were performing well above standards. Furthermore, no reduction was mentioned and your date of rate was 16 June 1986. However, per NAVPERS 1070/609 (Enlisted Performance Record) listed a NJP (Non-judicial Punishment) and reduction to E-5 on 9 November 1990, and advancement to E-6 effective 16 January 1991, yet, you were authorized to take every E-7 exam from 1989 to 1997 without the 36 months of basic time-in-rate required as an E-5.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.

With regards to the request for the awarding of the Meritorious Service Medal, the Department of the Navy does not have a "retirement award", i.e. an award intended to recognize the entire period of one's military service upon occasion of retirement. A Personal Military Decoration awarded on occasion of retirement must be sufficiently justified by the individual's performance in the most recent tour of duty. Unfortunately, you provided no evidence that an award was submitted on your behalf by your command.

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.