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

Docket No: 901-19                                                           
Ref: Signature Date 

This letter is in reference to your reconsideration request dated 28 December 2017.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the 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 application on its merits.  In your previous petitions to the Board (Docket #9099-13 and Docket #11256-15) you requested promotion to Lieutenant Colonel (LtCol/O-5) and Colonel (Col/O-6).  A three-member panel of the Board, sitting in executive session, considered your application on 10 December 2019.  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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to be reinstated with your class and promoted accordingly to the grades LtCol and Col.  The Board considered your contention that the promotion board did not have your complete record.  You assert that you were told that you had a top grade file and were considered in the top twenty percent of your year group.  Further, in the sixties when you were due for promotion, there were some problems, but those problems were not of your making.  The Board noted that you were in fact considered for promotion by the Lieutenant Colonel Promotion Selection Boards from 1966 through 1969, but you were not selected for promotion.  Moreover, promotion board members are prohibited from discussing board deliberation to determine the reason you were not selected for promotion.  The Board found the evidence you provided insufficient to warrant promotion to LtCol and Col and thus concluded there is no probable material error or injustice warranting correction. 

It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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,

 
1/22/2020