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 relevant portions of your naval record and your application, 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 22 December 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.   
 
On 21 April 1992 you were selected for advancement to EMCM/E-9 and were frocked.  You received your permeant grade as an EMCM/E-9 on 16 Jan 1993.  On 3 November 1992 you submitted a request to be transferred to the Fleet Reserve and were transferred on 30 June 1993.   
 
You requested correction of your Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect that you retired in the grade of E-9 by changing blocks 4a and 4b.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board found that while in a promotion selection status (frocked) to E-9 you submitted a request for voluntary retirement which was approved by cognizant authority.  Upon your retirement on 30 June 1993, you had been in the grade of EMCM/E-9 for five months and 14 days.  In accordance with OPNAVINST 1811.3 of 17 December 2005, paragraph 7.d through 7.e.2 time-in-grade (TIG) requirements are established which the OPNAVINST further directs such TIG requirements to DODD 1332.20 of 26 February 1982, paragraph 3.1 through 3.3.  Both the OPNAVINST 1811.3 and DODD 1332.20 state the following requirements for TIG: 
 
OPNAVINST 1811.3: “Enlisted members serving in pay grades E7, E8, or E9 shall require a minimum of 2 years active duty in grade. In individual cases involving substantial hardship, unusual circumstances, or when the best interest of the service is concerned, waivers of time-in-grade may be authorized by COMNAVPERSCOM, for not less than 6 months. 
 
COMNAVPERSCOM shall normally deny retirement requests or Fleet Reserve requests of members serving on active duty, whose length of service in the highest grade held while on active duty does not meet the time-in-grade requirements specified above. In cases discussed in paragraph 8, or when other circumstances clearly indicate that the retention of a member is not consistent with the needs of the Navy, COMNAVPERSCOM may authorize a member who does not meet the applicable time-in-grade requirement to be retired: 
 
In the highest grade in which the enlisted member, warrant officer or officer (04. and below) served on active duty satisfactorily for not less than 6 months, or 
 
In the next lower grade in which the member served on active duty satisfactorily.” 
 
DODD 1332.20: “It is the policy of the Department of Defense that the approval of requests for nondisability (voluntary) retirement from members serving in grades E-7, E-8, E-9, W-3, and W-4 shall require a minimum of 2 years of active duty in grade unless such members are entitled by law to a higher retired grade upon retirement. Approval of transfers to the Fleet Reserve or the Fleet Marine Corps Reserve in pay grades E-7 through E-9 also shall require a minimum of 2 years of active duty in such grades.   
 
This policy shall be known by every member accepting promotion to one of these grades. 
 
Policy exceptions may be authorized by the Secretary of the Military Department concerned in individual cases when the best interests of the Military Service concerned are involved or when substantial hardship otherwise would result.” 
 
In accordance with the Department of Defense Financial Management Regulation, Volume 7B, Chapter 1, paragraph 010202.A.1 “Final Basic Pay. For members who first entered military service before September 8, 1980, the retired pay base is generally the final basic monthly pay that the member received upon the date of retirement.”  Therefore, your retirement pay was based on your EMCM/E-9 rate.  The Board reviewed the administrative paper work authorizing you to be transferred to the Fleet Reserve and your arguments that the paper work indicated that your rank was EMCM.  The Board noted that the paper work prior to your retirement would have addressed you in the grade you held in service but has no factor on the TIG requirement to be retired in such grade.  The Board also noted your DD Form 214 dated 30 June 1993 is correct due to not meeting the required TIG requirement.  Lastly, the Board found no evidence that you were being targeted or disrespected by your chain of command.   
 
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,