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

Docket No. 5404-19 
Ref: Signature Date 

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 relevant portions of your naval record and your application, 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 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.  In addition, the Board considered the advisory opinions contained in BUMED letter 5400 Ser M1/19UM10037 of 23 July 2019 and BUMED letter 5400 Ser M1/19UM10046 of 8 November 2019; copies of which were previously provided to you for comment. 

On 31 May 2012, you resigned due to completion of required active service.  On 28 June 2012, you were appointed as an Ensign with a designator code of 1970.  On 3 August 2012, you were awarded a Master’s Degree in Chemistry. On 21 May 2016, you were appointed as a Lieutenant with a designator code of 2100 with a permanent grade date of 3 June 2012. 

You requested constructive service credit for you Master’s of Science in Chemistry degree obtained prior to matriculating and earning you Doctorate of Medicine degree; 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 per DoDI 6000.13 (30 December 2015) constructive service credit would be granted for each year of graduate level education toward the first professional degree completed when that degree is required for appointment in the professional specialty being entered.  You were granted the maximum constructive service credit for your qualifying degree. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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.   

Sincerely, 


5/1/2020