Docket No. 2584-21
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 5 August 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 memo 1820 MMSR-5 of 5 June 2021; a copy of which was previously provided to you for comment.   
 
On 24 May 2000, you graduated from the .  On 15 October 2008, you were honorably released from active duty upon completion of required active service.  After a break in service, you were joined to the Individual Ready Reserve (IRR) on 27 June 2012 to 20 May 2013.  On 21 May 2013, you transferred to Selected Marine Corps Reserve (SMCR) Inactive Duty Training (IDT).  On 24 June 2021, Headquarters, U.S. Marine Corps notified you that by your mandatory removal date, if you have at least 20 qualifying years of service, you must request retirement no later than 1 March 2024.  Should you earn at least 18 qualifying year of service by 1 March 2024, you will be eligible for placement in a “Safety Zone” and will have an opportunity to become retirement eligible.   
 
You requested that 21 reserve points to be transferred from ending year 26 June 2014 to ending year 26 June 2013 in order to make a satisfactory year; 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 you currently have 17 years, 5 months, and 2 days total qualifying service, and that non-participation in the Marine Corps Reserves is not a reasonable justification to shift points between anniversary years.  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, 
            

9/20/2021

Deputy Director