Docket No: 5135-19/ 8405-17 Ref: Signature Date Dear : This letter is in reference to your reconsideration request. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of relevant portions of your naval record and your application, the 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 16 June 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 change your entry grade to O-3 with a date of rank effective 11 May 2017, instead of O-1. The Board considered your contentions that your prior commissioned service was not recognized, and the previous Board’s decision was not in accordance with Title 10, United States Code Section 12207, which provides that the awarding of entry grade credit for prior commissioned service is required by law and may be limited only in the case of constructive credit for education. You also contend that the Board’s reference to MILPERSMAN 1300-082 does not apply to your case because you were assessed in the U.S. Navy as a direct commission. You contend that your commission was an original commission and is thus under the purview of 10 U.S.C. § 12207, additionally, your Community Manager supports your change in rank. You also contend that statutory requirements would force your retirement and prevent you from pursuing your career to its fullest. The Board, noted that you were honorably discharged from the U.S. Air Force on 13 November 2015, with no further obligated service. The Board also noted that you accepted a reserve commission in the U.S. Navy Engineer Duty Officer (EDO) community as an Ensign/O-1, on 11 May 2017. The Board noted, too, that since you had no further obligated service, you were assessed into the Navy pursuant to Commander, Navy Recruiting Command Instruction (COMNAVCRUITCOMINST) 1131.2G, which provides that “[o]ther service veterans who have been discharged and have no remaining military service obligation as evidenced by their DD 214 are processed by Navy Recruiting Command (NAVCRUITCOM) as any other civilian.” Concerning your contention that your prior commissioned service was not recognized in accordance with 10 U.S.C. § 12207, the Board determined that your reliance on paragraph 12207(a)(1) is misguided. In this regard, the Board also noted that 10 U.S.C. § 12207(a)(2) provides that the “Secretary of Defense shall. . . authorize the Secretary of the military department concerned to limit the amount of prior commissioned service with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit. . .” The Board also noted the 6 March 2018, Navy Personnel Command (BUPERS-351) advisory opinion (AO) stating that you should have been processed as an inter-service transfer at your current pay grade, however, the Board determined that the AO failed to acknowledge your gap in service and the requirement for you to be affiliated with an Air Force reserve unit to be processed as an inter-service transfer. The AO also noted that the Engineering Duty Officer community would benefit from accession as a junior O-4, however, the EDO community does not currently allow entry grade credit. The Board noted, too, that upon appointment and acceptance of your reserve commission, you knowingly signed your oath of office in the permanent grade of Ensign. The Board determined that the Secretary of the Navy has not authorized the EDO community entry grade credit, as it is his right to do, and you were not processed as an inter-service transfer, thus you are not entitled to entry grade credit for your prior commissioned service. Concerning your contention that the Board’s reference to MILPERSMAN 1300-082 does not apply to your case, the Board determined that the 16 August 2018 Board’s reference to MILPERSMAN 1300-082 was noted to clarify that you would have been eligible for entry grade credit as an inter-service transfer, if you did not have a break in service, and if you were a reserve officer on inactive duty. Lastly, the Board determined that although your Community Manager supports your change in rank, your Community Manager does not have the authority to grant your request. The Board thus concluded that there is no probable material error or injustice warranting corrective action. It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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,