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 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 29 September 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 opinion contained in Navy Personnel Command memorandum dated 10 October 2019 and your response to the opinion.   
 
You requested the first payment of the Surface Warfare Officer (SWO) Lieutenant Commander Retention Bonus (LRB) be reinstated.  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 you did not meet the eligibility criteria for the SWO LRB in accordance with Navy Administration (NAVADMIN) message 136/17.  NAVADMIN 136/17 outlines the criterions for the SWO LRB.  Specifically, two of the criterions indicate officers must have at least 11 years of commissioned service (YCS) , but not more than 12 YCS and must complete two afloat department head (DH) tours or a single longer tour according to the depatment head sequencing plan as assigned by PERS-41.  A review of your record indicates your application was received after your 12 YCS and you had not completed the requisite DH tour(s) before the required submission window, thereby rendering ineligible for the SWO LRB.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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