Docket No. 5410-20
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 11 May 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 memorandum 5420 PERS-836/002 of 5 February 2021; a copy of which was previously provided to you for comment.   
 
On 21 March 1989, you enlisted into the Navy delayed entry program.  On 28 March 1989, you entered a period of active duty.  On 27 March 1993, you were released from active duty and transferred to the Navy Reserve.  On 31 January 2000, you entered active duty and on  
3 November 2009, you were discharged. 
 
You requested to be transferred to the Fleet Reserve.  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 your DD Form 214, Certificate of Release or Discharge from Active Duty dated 3 November 2009 is in error; specifically, blocks 12a, 12c, and 12d.  Your total active duty service and active duty for training while in the reserves totaled 13 years, 11 months and 27 days.  In accordance with Title 10, United States Code, subsection 6330, you must complete 20 or more years of active service to be eligible to be transferred to the Fleet Reserve.  You provided in support of your assertion a statement of service for a Navy reserve retirement.  This cannot be used because you were in the active duty component; not in the Reserve component.  Because of this, Title 10, United States Code, subsection 1176 is not applicable to your case.  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, 
 

6/15/2021
Deputy Director