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

Docket No. 6138-19 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 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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 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 requested for your Time in Rate (TIR) date be backdated to the missed March 2018 Cycle 239 Navy Wide Advancement Examination (NWAE) and back pay.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board agreed with the Career Development Board (CDB) that you were not eligible to participate in the Cycle 239 NWAE.  The Board agreed that in accordance with BUPERSINST 1430.16F, an “Early Promote” recommendation received on a special, detachment of individual (transfer), or detachment of reporting senior evaluation cannot be used for TIR waiver eligibility.  The Board found no error or injustice to warrant a change to your record. 

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, 
5/7/2020