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

Docket No. 262-20 
Ref: Signature Date 

Dear

This letter is in reference to your reconsideration request dated 19 December 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 January 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.

You requested 35 unpaid points be credited, or 35 inactive duty points be transferred, from anniversary year ending 30 March 2013 to anniversary year ending 27 May 1988 to obtain the required 20 satisfactory years for retirement.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board did not agree with your assertion that you were not notified of your ineligibility for retirement because of age restrictions.  The Board concluded that Headquarters, U.S. Marine Corps (HQMC) letter CMT 1131 dated 21 March 2008, did initially deny your request for reappointment per Title 10 United States Code 14509 (Separation at age 62: Reserve officers in grades below Brigadier General or Rear Admiral). Additionally, Headquarters, U.S. Marine Corps (HQMC) letter 1600 CMT dated 27 March 2008, reappointed you in the U.S. Marine Corps Reserve to the rank of Captain (Permanent) with date of rank of 1 September 2003.  Additionally, paragraph six states that you had been apprised of your “unique circumstances” concerning retirement and 20 year service limitations per MCO P1900.16F, which references the age restrictions as well as outlined steps of eligibility requirements to reach retirement. The Board agreed that you had the opportunity to complete a satisfactory year from 28 May 1987 through 27 November 1990.  In addition, from 28 November 1990 to 30 March 2008, you were not affiliated with the Marine Corps. 

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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,