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 7 January 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.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command letter 5730 Ser 91/044 of 1 December 2020; a copy of which was previously provided to you for comment.   
 
You requested that your annual reserve period cycle be reset to 3 February 1984.  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 per Department of Defense Instruction 1215.07, the date used to determine the anniversary year is established by the date the member entered into active service or into active status in a Reserve component, whichever is earlier.  The start date (month and day) for each successive anniversary year will not be adjusted unless a member has a break in service.  A review of your record indicates your initial anniversary date was 24 November 1981.  When you were transferred to the Inactive Status List effective 9 August 1999 and returned to the Ready Reserve effective 14 February 2002 your anniversary month and day was appropriately adjusted to February 14th.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
The Board noted that your records reflect your Pay Entry Base Date as 24 November 1981.  You asserted concern for your spouse and the 20/20/20 rule.  Title 10 U.S.C § 1072 (2) (F) states “The un-remarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan”.  Defense Enrollment Eligibility Reporting System indicates that you are still married; therefore, the concern of the 20/20/20 rule does not appear to be relevant at this time.   
 
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,