Docket No: 7994-19
Ref: Signature Date

 
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 October 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 the 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 Officer Summary Record to reflect a 
1 June 2017 date of rank (DOR) in the grade of lieutenant junior grade (LTJG), instead of your current DOR of 1 July 2018.  Your promotion to LTJG was delayed after being found not qualified for promotion due to receiving non-judicial punishment (NJP) for a civilian charge of Driving Under the Influence (DUI).  The Board considered your contention that DOR should be backdated to your original DOR because your civilian charge of DUI was dismissed.   
 
The Board noted that a civilian court dismissal and the actions of the Navy are separate and distinct, and neither is dependent upon the other for legitimacy.  The Board determined that the evidence you provided does not overcome the presumption of regularity or prove that the actions taken in your case to delay your promotion were improper.  The Commander, Navy Personnel Command determined that, based upon the known facts, you were not qualified for promotion to LTJG on your original projected DOR of 1 June 2017, and that you found not qualified for promotion until 1 July 2018.  The Board thus concluded that your promotion delay and subsequent promotion effective 1 July 2018 does not constitute a material error or injustice.   
 
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,