Dear ,  
 
This 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 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 2 April 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, and applicable statutes, regulations, and policies.   
 
A review of your record shows that you reenlisted in the Navy on 30 October 1973 after serving 15 years, five months, and 4 days of prior active-duty service.  You suffered a serious right leg injury on 13 April 1974 that eventually required a below-knee amputation.  As a result, you were found unfit for continued naval service and placed on the disability retirement list on 23 March 1976.  At the time of your transfer to the disability retirement list, you had 17 years, nine months, and 28 days of active-duty service credit toward retirement.  You also had one year, nine months, and eight days of inactive service for pay purposes that was not creditable toward retirement.   
 
The Board carefully considered your arguments that you deserve service credit to allow you to reach 20 years of creditable service for retirement.  You assert that you were unaware of the long-term consequences when you accepted placement on the disability retirement list and should have been allowed to continue on active duty until reaching 20 years of active-duty service.  Unfortunately, the Board disagreed with your rationale for relief.    In your case, the Board found no evidence that differentiates your case from the countless other Service members who were similarly medically retired within years of reaching 20-year retirement eligibility.  Therefore, the Board determined that granting you over two years of service credit was not 
merited based on the lack of an injustice in your case.  Additionally, since permanent limited duty status is granted based on the needs of the Service, the Board found no error with the Navy’s decision not to grant you that status.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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 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.