Docket No: 4804-20 
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 28 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 enlisted in the Marine Corps and began a period of active duty on 12 October 1982.  Following your honorable discharge on 9 October 1984, you affiliated with the Marine Corps Reserve.  You continued to perform periods of active duty between 1986 and 2003, and received a Certificate of Release or Discharge from Active Duty (DD Form 214) for each of those periods as appropriate.  You received an honorable discharge certificate on 22 September 2006. 
 
You request a change to your record reflect entitlement to eligibility for a Marine Corps Reserve Retirement or Marine Corps Retirement, rather than an honorable discharge.  You assert that this injustice must be corrected because you have successfully met the requirements to retire from the Marine Corps Reserve.  You state that you have served faithfully from the time you affiliated with the Delayed Entry Program on 12 February 1982, through your release from active duty service on 28 July 2003.  You note that you earned the rank of Gunnery Sergeant and continued to perform your duties in an exemplary manner.  You state that as Operation Enduring Freedom began to escalate, due to your husband being an active duty Marine, you felt it in the best interest of your family to serve as a government civilian with the Defense Intelligence Agency.  You contend that you are entitled to a military retirement because you have served the Corps for 24 years.  You provide your Certificate of Release or Discharge from Active Duty (DD Form 214s) and your original enlistment documents in support of your application. 
 
The Board, in its review of your entire record and application, carefully weighed your request and noted that your service record spans the period of time from 1982 to 2006, and includes both active and reserve duty.  With regard to entitlement for an active duty retirement, the Board found that your DD Form 214s and available record do not establish that you met the statutory service credit requirements for entitlement to an active duty retirement.  With regard to your request for a reserve retirement, the Board reviewed your available Career Retirement Credit Record, and noted that as of 31 October 2006, your service record states that you had 13 total satisfactory years of service for the period from 8 June 1982 through 22 September 2006.  Nine of the years within that period did not reflect sufficient service to meet the minimum point requirements for a satisfactory year for purposes of credit toward entitlement to a reserve retirement.  The Board considered that your Career Retirement Record reflects the periods of active duty denoted in the DD Form 214s that you provided to the Board, and weighed your personal statement regarding your ongoing civilian service to the Defense Intelligence Agency.  Based on your Career Retirement Record, the Board determined that your 13 satisfactory years did not meet the minimum service requirements for entitlement to a reserve retirement from the Marine Corps.  Even in consideration of your ongoing commitment to federal service, the Board determined that your honorable discharge was not unjust and that corrective action in the form of a military retirement is not warranted. 
 
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