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. 
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 17 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.  In addition, the Board considered the advisory opinion contained in the Navy Personnel Command, letter 5730 Ser 91/166 of 22 July 2020 and your response to the opinion. 
 
On 7 March 1990, you enlisted for 8 years in the U.S. Naval Reserve.  On 6 July 2010, after completing 20 years of qualifying of service, you were issued a Notification of Eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP).  On 17 October 2010, you reenlisted for 2 years.  On 26 August 2013, you were issued Retirement Order and Transfer Authorization to retired reserve status effective 1 October 2012. 
 
You requested cancellation of retirement to transfer to IRR; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that after you received your NOE letter, you reenlisted for 2 years.  Furthermore, the Chief of Navy Personnel approved your request and authorized your transfer to Retired Reserve status effective 1 October 2012.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
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.   
 
      Sincerely,