Docket No. 8585-20
 
 
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 28 September 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 Headquarters, U.S. Marine Corps memorandum 1820 MMSR-5 of 20 August 2021; a copy of which was previously provided to you for comment.   
 
On 21 November 2001, you enlisted for 8 years in the U.S. Marine Corps Reserve.  On 11 March 2002, you entered active duty, and were released from active duty on 18 December 2002.  From 12 November 2020 to 13 November 2020, you completed inactive duty training.  On 13 November 2020, you completed Engineer Equipment Chief Course via Marine Corps Distance learning Network.       
 
You requested that your last anniversary year 21 November 2019 to 20 November 2020 be changed from unsatisfactory to satisfactory; 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 in accordance with MCO 1001R.1L, a qualifying year of service for non-regular retired pay and/or retention in the RC, is 50 credited points during a 365/366-day period.  During the period of 21 November 2019 to 20 November 2020, you earned 41 points, and failed to earn a qualifying year of service.  Furthermore, no retirement points may be earned for courses conducted during periods of ID, active duty, or other periods during which retirement points are awarded.  Therefore, the Board concluded that you are ineligible to be awarded points for Engineer Equipment Chief Course.  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, 
10/17/2021
Deputy Director