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

Docket No. 9270-18 
Ref: Signature Date 

Dear
 
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.
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. 
 
On 18 August 1982, you entered the Naval Reserve Officer Training Corps (NROTC).  On 25 May through 2 July 1984, you completed a period of summer training while enrolled in the NROTC Program.  On 17 May 1985, you were commissioned in the Navy Reserve and entered active duty.  On 29 May 1992, you were released from active duty and transferred to the Navy Reserve.  On 1 June 2015, you were transferred to the Navy Reserve awaiting pay at age 60. 
 
You requested to be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for a period of active duty as a midshipman in the NROTC.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that per DoD Instruction 1336.1 (14 December 1978), Personnel being separated from a period of active duty for training, full-time training duty, or active duty for special work will be furnished a DD Form 214 when they have served 90 days or more, or when required by the Secretary concerned for shorter periods. 

Furthermore, the Board concluded that per DoD 7000.14-R FMR Volume 7A, Chapter 1, D. Other Creditable Service (with restrictions noted in this subparagraph and in subparagraph 010202.A). Include the following periods of service: Service as a member of the Army, Navy, or Air Force Reserve Officers’ Training Corps (ROTC), provided the member has concurrent Selected Reserve (drilling status) for duty performed on or after August 1, 1979.  There is no record of you being in a drilling status while in the NROTC. Finally, 10 U.S.C. §2107(g) states that, (g) In computing length of service for any purpose, an officer appointed under this section may not be credited with service either as a cadet or midshipman or concurrent enlisted service, other than concurrent enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve. 
 
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.  

Sincerely,