DEPARTMENT OF THE NAVY 

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

Docket No. 695-18 
FEB 05, 2019 

Dear , 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10 United States Code §1552. After careful and conscientious consideration 
of the entire record, the Board found the evidence submitted was insufficient to establish the 
existence of probable material error or injustice. Consequently, your application has been 
denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 18 September 2018. 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 (NPC) memorandum 5730 Ser 91/190 of 13 July 2018; 
a copy of which was previously provided to you for comment. A copy of this advisory opinion is 
again enclosed. 

On 6 August 1946, you attended the            and graduated on 27 September 1949. On 28 September 1949, you were commissioned in the Navy Reserve. On 30 January 1967, you were placed on the Inactive Status List (ISL) and were removed on 9 August 1967. On 27 September 1976, a Notice of Eligibility (NOE) was issued to you. On 30 June 1978, you were transferred to the Retired Reserve awaiting pay at age 60. 

You requested your Reserve service time be changed to show active duty and your Reserve 
retirement pension be adjusted to an active duty retirement. The Board, in its review of your 
entire record and application, carefully weighed all potentially mitigating factors, to include your 
assertions. Nevertheless, the Board concluded that your entire career was in a Reserve status and 
Title 10 U. S. Code Chapter 1223 details the requirements for a non-regular retirement. The 
Board does not agree with your assertion that HR 6416, Title III, Section 305 gives retired 

Reservists the authority to convert their retirement to an active duty retirement. In this 
connection, the Board substantially concurred with the comments contained in the advisory 
opinion. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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, 




                                              Executive Director