Docket No.  4483-20 
Ref: Signature Date 
 
 
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 the entire record, 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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 20 July 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, as well as applicable statutes, regulations, and policies. 
 
You retired from the United States Navy Reserve in the grade of E-9 in 2002, under 10 U.S.C. § 12731.  Your service record reflects a Certificate of Release or Discharge (DD Form 214) for a period of honorable active duty from 14 November 1990 through 23 May 1991.  Your History of Assignments notes your final period of reserve duty ending on 4 January 2002, with your retirement from the Navy Reserve. 
 
In your petition to the Board, you request a correction to your discharge date and ask that the Board check your “old DD Form 214.”  You ask that the date be change for Veterans Affairs purposes. 
 
The Board reviewed your request, and noted that your Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552 (DD Form 149) indicates a date of discharge of “2002 Feb 23,” whereas your service record’s History of Assignments reflects a retirement date of January 2002.  The Board found that there is insufficient information submitted with your application to change your retirement date from January 2002 to February 2002.  With respect to a change to your discharge date on a DD Form 214, the Board noted that DD Form 214s are issued at the end of a period of active duty, such as the DD Form 214 you received for honorable service ending on 23 May 1991.  The Board found that there was insufficient evidence to establish an error in the DD Form 214 which you received on 23 May 1991.  With respect to the issuance of a new or separate DD Form 214 upon your retirement from the Navy Reserve, the Board noted that your final period of duty as reflected in your History of Assignments was for duty in a reserve status.  Members of the reserve component only receive a DD Form 214 when the member separates from active duty after serving for a period of at least 90 consecutive days.  Since you do not appear to have been on active duty for the period prior to your reserve retirement, the Board found that the issuance of an additional DD Form 214 was not warranted.  Based on the lack of information submitted in support of your request and the guidance pertaining to the issuance of DD Form 214s, the Board found that there is an insufficient basis for correcting your discharge and/or retirement date. 
 
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 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 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,