Docket No: 201-21 
  
 
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.    
 
A three-member panel of the Board, sitting in executive session, considered your application on 28 September 2021.  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 28 July 2021 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-80).  The AO was provided to you on 3 August 2021, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.   
 
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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request for remove your failure of selection incurred during the Fiscal Year (FY) 2021 Navy Active Duty Lieutenant Commander Line Promotion Board.  The Board considered your contention that you failed selection because you had an approved resignation stamp on your record during the promotion board.  You also contend that your detailer told you that your submission for resignation would not affect your promotion and it was unjust not to promote you to O-4 because you received incorrect information.   
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted that you requested resignation, the Secretary of the Navy approved your request, and your record was properly stamped to reflect your approved resignation.  The Board also noted that your request to rescind your resignation was not approved until after the scheduled convening date of the FY 2021 Navy Active Duty Lieutenant Commander Line Promotion Board.  The Board determined that in accordance with regulations and based upon a properly approved request for resignation, your record was made available to the promotion board and was properly stamped to indicate your approved resignation.  The Board concurred with the AO that removal of the resignation stamp from your record after the announced deadline would have afforded you an opportunity not afforded to any other board eligible officer.  The Board, thus determined that your failure of selection was just.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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,                                                                                                                           10/17/2021
Executive Director