DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

 
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 6 July 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 of 19 March 2021; and your response to the opinion.   
 
You requested to have your Army National Guard (ANG) time included in your retirement calculations.  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 your  qualifying years of service in the ANG do not meet the criteria for inclusion in your active duty retirement in accordance with Department of Defense Financial Management Regulation 7000.14-R.  Specifically, the policy indicates only active duty service in the uniformed services can be counted towards your active duty retirement.  A review of your record indicates you served in the ANG from 23 October 1996 to 28 November 2000.  While a member of the ANG you earned 3 qualifying years of service and completed 25 days of active duty service that have already been included into your total active duty service of 20 years, 00 months, and 27 days.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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, 
8/9/2021
Deputy Director