DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WOH
Docket No. 11210-0909
- 2 March 2010
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552..
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 1 March
2010. 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, your naval record and applicable
Statutes, regulations and policies.
The Board notes that you have applied for a correction to your record
for an error that allegedly occurred almost twenty years ago. Under
the rules governing this Board, an application for a correction of a
naval record must be made within three years after the discovery of
the alleged error. Failure to file within the prescribed three years
may be excused only in cases where the Board finds that it is in the
interests of justice to do so.
Navy enlisted advancements are based on a competitive system which
considers a variety of performance factors including a candidate’s
overall performance, technical knowledge, military proficiency,
performance of duty, conduct, education, physical fitness, time in
service, time in grade, experience, awards, decorations, and the like.
Before any candidate may be advanced, the candidate must have the
favorable recommendation of their commanding officer. Personnel within
each rating (job) compete with each other for a limited number of
promotion vacancies. Only those qualified candidates for whom
vacancies exist are advanced. In such cases, service record entries
are made (often accompanied by a short ceremony and delivery of a
certificate memorializing the advancement) which actually effects the
advancement. The absence of a service record showing the effective
date of an advancement indicates that a candidate was not actually
advanced.
Docket No. 11210-0909
A review of your naval personnel records reveals the following. While
serving as a member of the US Navy on active duty in the grade of CTA3
{(E-4), you became qualified for future advancement to CTA2 (E-5).
While awaiting your advancement date, you were afforded the
administrative privilege of wearing the uniform of the higher pay
grade without entitlement to the pay and allowances of the higher
grade. This privilege, known as “frocking”, is a custom intended to
provide early recognition for members qualified in all respects and
awaiting a future advancement. Frocking does not change the permanent
status of a member and it is not an advancement or promotion. You were
specifically told that you were not entitled to pay or other
allowances until actually advanced.
Before being actually advanced, you were honorably discharged from
active duty on 19 February 1980. Because you had not yet been
advanced, you were discharged as an CTA3 (E-4). Your “Certificate of
Release or Discharge from Active Duty” (DD 214) which bears your
signature, properly reflects your rank at discharge as CTA3 (E-4).
After careful and conscientious consideration of the entire record,
the Board determined that there is insufficient evidence of an error
or injustice that would warrant any relief. The Board found that it
is not in the interests of justice to excuse the three year time limit
in your particular case. You neglected to assert your claim for an
inordinately long period of time without justification. You have
provided no evidence as to why you did not seek to have the alleged
error corrected earlier.
Based on all the circumstances described above, your application has
been denied. The names and votes of the members of the panel will be
furnished upon request. .
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 and material evidence
or other matter not previously 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,
SMe E
Executive Dikec
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