DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE ROAD SUITE 1001
ARLINGTON VA  22204
  
Dear  ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code (U.S.C.).  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 3 June 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 Comamnd memorandum 5420 PERS-836/011 of 23 April 2021; a copy of which was previously provided to you for comment.   
 
You requested a review of you military record and DD Form 214, Certificate of Release or Discharge from Active Duty with contention that you were forced to join the Individual Ready Reserve (IRR) thus disqualifying you from the ability to reach retirement status.  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 Title 10 U.S.C. section 6330 requires the completion of 20 or more years of active service to be eligible to be transferred to the Fleet Reserve.  Title 10 U.S.C. section 12732 requires service members to earn 50 points per anniversary year to garner years of qualifying service toward retirement.  A review of your record indicates you served two periods of active duty service, 28 May 1991 through 27 May 1995 and 22 July 1999 through 2 October 2011 for a total of 16 years, 2 months, and 11 days of active duty service, thereby not meeting the eligibility criteria to receive an active duty retirement.  Additionally, you completed two periods of service in the IRR, 28 May 1995 through 28 May 1998 and 3 October 2011 through 2 October 2014 for a total of 6-years inactive Reserve service.  Upon your release from active duty on 2 October 2011 as a result of reaching high year tenure, you reenlisted in the Ready Reserve on 3 October 2011 for 3 years as a condition to receive Involuntary Separation Pay in accordance with Department of Defense Instruction 1332.29.  Sailors that executed a Ready Reserve Agreement had the ability to complete their contract in the IRR and earn points by completing correspondence course and or periods of active duty, or affiliate with the drilling Navy Reserve via their local recruiting station per Bureau of Naval Personnel Instruction 1001.39F.  The Board could not find nor did you provide evidence of completing correspondence courses for Reserve points or completion of any drills, thus eliminating the potential of reaching the required qualifying service for a Reserve retirement.  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, 
7/20/2021

Deputy Director