Docket No. 2470-21

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 4 May 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. 
 
A review of your record indicates you were on active duty from 9 January 1952 through 31 October 1955 and then transferred to the Navy Reserve.  During the aforementioned active duty period, you were found guilty at one Summary Court-Martial and three non-judicial punishments (NJP).  On 25 January 1956, you reentered active duty.  You were found guilty at NJP on 14 November 1961 and 18 September 1962.  On 16 April 1966, you were advanced to Culinary Specialist First Class (CS1)/E-6.  Subsequently, you were found guilty at NJP on 10 September 1968.  Thereafter, you transferred to the Fleet Reserve effective 17 August 1971, followed by your transfer to the Retired List effective 1 September 1981.   
 
You requested advancement to Culinary Specialist Chief (CSC)/E-7.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that you might have been eligible to participate in the E-7 Navy Wide Advancement Examination (NWAE) prior to your transfer to the Fleet Reserve if recommended by your Commanding Officer.  However, the Board could not find, nor did you provide evidence of your participation in an E-7 NWAE, that you passed the CSC/E-7 examination or that you were selected by a Board to be advanced to CSC/E-7, thereby rendering you ineligible for advancement to CSC/E-7.   

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. 
 
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, 
5/21/2021
Deputy Director