Docket No. 10501-19
Ref: Signature Date

 
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code (U.S.C.), Section 1552.  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 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, sitting in executive session, considered your application on 22 October 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.  In addition, the Board considered the advisory opinion contained in Commander, Navy Reserve Forces Command (CNRFC) letter 5420 Ser N3/511 of 18 August 2020 and your response to the opinion.   
 
You requested to have your record corrected to reflect qualifying active duty orders vice Annual Training (AT) orders for the period of 1 May 2005 to 31August 2005, in order to increase your percentage of Post-9/11 GI Bill education benefits.  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 initiated the request to execute AT orders from 1 May 2005 to 31August 2005 on 4 April 2005.  All Navy Reserve Force message 002/05 authorized CNRFC to waive the 29-day cap on AT orders and consequently, there was no error in approving your request to execute AT orders for the aforementioned period.  Moreover, a review of your record indicates you have a total of 1036 days of qualifying service for Post-9/11 GI Bill education benefits and accordingly, your eligibility percentage is accurately reflecting 90% of maximum Post-9/11 GI Bill benefits payable.  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.  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,