Docket No: 3929-19
Ref: Signature Date 


This is in reference to your application of 26 July 2019 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. 

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, sitting in executive session, considered your application on 26 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. 

You enlisted in the Navy on 10 October 1956.  You served honorably until 4 December 1959 when you transferred to the reserves at the rank of radarman third class. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your discharge rank should have been radarman second class (RD2).  The Board considered the certificate you provided in support of your contention but a review of your record indicates you participated in the RD2 advancement exam on 11 August 1959 but does not provide any documentation supporting your contention that you were promoted.  After careful consideration, the Board concluded you did not demonstrate that your discharge rank should be RD2.  

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.