Docket No: 9068-19 
 Ref: Signature Date 

Dear : 
 
This letter 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 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 13 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 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, as well as the 24 February 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-80).  The AO was provided to you on 3 March 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.   
 
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.  The Board carefully considered your request for a Reserve Civil Engineer Corps (CEC) Lieutenant Commander (LCDR/O-4) Special Selection Board (SSB).  The Board considered your contention that contrary to SECNAVINST 1401.3B, the Selection Board Membership Instruction a Civil Engineer Corps (CEC) officer was not a member of the Promotion Selection Board, when at least one member from each of the staff corps corresponding to the LDO staff designator should be present.  You claim that you were the only CEC officer considered for promotion and you receive an anonymous phone call informing you that during the process of scoring you received the highest numerical number.  You also claim that of the officers selected for promotion, one too many officers was named and without a CEC officer present to represent you, your name was removed.   

The Board, however, substantially concurred with the AO.  In this regard, the Board noted that the promotion board proceedings were signed by all members and recorders/assistant recorders certifying that they complied with all guidance and that they carefully considered the record of each eligible officer.  The Board found no evidence that the promotion board violated the Selection Board Membership Instruction or failed to properly consider your record and you provided none.  Moreover, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that that have properly discharged their official duties.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.  
 
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,