Docket No. 3467-20
Ref: Signature Date

 
 
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. 
 
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 21 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 91/110 of 18 May 2020 and your response to the opinion.   
    
You requested that your record reflect 4-years and 2-months of active duty service for DD Form 214N dated 25 May 1973 and that the Board move Reserve points on your Statement of Service in order obtain 20 total years qualifying service (TYQS) for retirement.  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 the DD Form 214 dated 25 May 1973 was corrected with the issuance of a DD Form 215.  A review of your record indicates you enlisted and entered active duty on 3 October 1969 for 3-years. Your 8-month extension of current contract became effective on 3 October 1972.  You were discharged effective 25 May 1973 (within 3-months of your expiration of term of enlistment).  Your total net service for this period was 3 October 1969 to 25 May 1973, 3-years, 7-months, and 23-days.  The Board also determined your TYQS is 18-years, 7-months, and 23-days and could not justify the movement of points in order reach 20 TYQS.  The statement of service certified effective 14 July 2020 and provided to you, is in error due to the erroneous active duty period of 4-years, 2-months and 17-days.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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,