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 20 April 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 Commander, Navy Personnel Command (NPC) letter 5730 PERS-9 undated; a copy of which was previously provided to you for comment.  
 
On 27 October 1999, you enlisted for 8 years.  On 5 October 2000, you were discharged in order to accept commission in same branch of service.  On 6 October 2000, you signed a NAVPERS 1000/4 (Officer Appointment Acceptance and Oath of Office) in the Active U.S. Naval Reserve (USNR).  On 1 February 2011, you resigned due to Non-selection, Permanent promotion.  On 1 February 2011, you signed a NAVPERS 1000/4 in the Inactive USNR.  On 6 November 2019, Commander, NPC notified you of change in your Navy Reserve Status. It was explained to you that because you had twice failed for selection to Commander and you will have completed at least 20 years of commissioned service in October 2020, you would be required to be separated from the Navy Reserve on 1 November 2020 unless you were selected for continuation. You may request transfer to the Retired Reserve by submitting your request via NSIPS through your NOSC.  You were instructed to submit for continuation, if you desired to, no later than15 September 2020.  On 29 June 2020, Commander, Navy Personnel Command (NPC) notified you of your notification of eligibility (NOE) to receive retired pay at or after age 60 and participate in the Reserve Component – Survivor Benefit Plan (RCSBP).  On 10 November 2020, Commander, NPC notified you that the Secretary of the Navy approved and authorized your request to transfer to Retired Reserve status effective 1 November 2020. 

You requested to have your retirement overturned and be reinstated into the Selected Reserve Force; 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 there is no error in your record. Although continuation was offered as a possibility, you were required to submit your request by 15 September 2020, and approval was not guaranteed.  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, 

5/20/2021
Deputy Director