Docket No. 8092-18 
Ref: Signature Date 



This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 28 January 2020.  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.  

You request to rescind your retirement and extend you up to 90 days in the Voluntary Training Unit to allow sufficient time to complete an inter-service transfer.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. 

The Board found no evidence, as you asserted, of given a direct order to submit for retirement.  The Board noted that both your retirement and High Year Tenure (HYT) requests were submitted to the separation offices within Navy Personnel Command and the Chief of Naval Operations (N130), your retirement request was submitted less than the minimum time allowed, and was completed to assist with your retirement plans without any knowledge of your HYT request.  The Board found that your request for a HYT waiver was submitted after your retirement date and you did not fall under the examples of requests that may be given favorable consideration, as detailed within MILPERSMAN 1160-120.  The Board found no error or injustice to warrant a change to your record.  

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.