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

Docket No: 1172-19
Ref: Signature Date 



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. 

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.  A three-member panel of the Board, sitting in executive session, considered your application on 19 March 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, as well as applicable statutes, regulations, and policies. 

Upon your completion of the NROTC program at University, you accepted a commission as an ensign in the U.S. Navy (USN) on 14 May 1993.  Following the Secretary of the Navy’s acceptance of your resignation, you voluntarily separated from the USN on 12 October 1999 with an honorable characterization of service.  However, as required by your NROTC Scholarship Service Agreement, you were required to accept an appointment in the U.S. Navy Reserve (USNR).  On 1 February 2004, you were discharged from the USNR with an honorable characterization of service. 

You contend that you fulfilled your inactive reserve obligation, were never passed over twice for promotion, and were not discharged involuntarily. However, your Navy service records and DD Form 214 maintained by the Department of the Navy (DoN) contain no known errors. Your tenure in the USNR extended beyond your 8-year NROTC contractual obligation and did not automatically terminate in May 2001.  During your time in the USNR, there is no evidence that you ever formally terminated your USNR affiliation after you passed your contractual obligation date.  As a result, regardless of your drill status in the USNR at such time, your service record would still go in front of any regularly scheduled USNR statutory promotion board for consideration.  Following your second non-selection for Lieutenant Commander, you were ultimately involuntarily separated from the USNR at the grade of O-3.  In the end, the Board concluded that your 2004 involuntary separation and honorable discharge from the USNR was in accordance with all DoN directives and policy at the time of your discharge. 

The Board wanted to assure you that in no way are the current USNR records and correspondence in your OMPF considered adverse.  Moreover, the circumstances surrounding your USNR discharge do not have any impact your active duty DD Form 214 or reflect poorly on you whatsoever. 

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 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 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.