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 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 20 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 Officer Accession and Promotion Branch memorandum 5420 PERS-806 of 27 March 2020; a copy of which was previously provided to you for comment. 
 
On 2 April 1985, you enlisted in the U.S. Naval Reserve for 8 years in the Special Enlisted rate of AOCUI-2 (Aviation Officer Candidate Under Instruction Second Class).  On 11 May 1985, you entered active duty.  On 14 May 1985, NAVPERS 1070/613 (Administrative Remarks) indicated that your current active duty date (CADD) was 11 May 1985.  On 15 August 1985, you were discharged in order to accept commission as an Officer in the U.S. Naval Reserve.  On 16 August 1985, you were appointed an Ensign in the active U.S. Naval Reserve.  On 17 March 1986, you were discharged and transferred to the U.S. Navy.  On 18 March 1986, you were appointed an Ensign in the Active U.S. Navy.  On 26 February 1997, you were discharged due to non-selection for permanent promotion.  On 27 February 1997, you were appointed to Lieutenant in the inactive U.S. Naval Reserve.  On 18 December 2001, you requested to resign your commission.  On 3 January 2002, Commander, Navy Personnel Command approved your request. 
 
You requested that a review be conducted in regards to broken service and incorrect commissioning and entry dates.  Your entry date should be on or about 1 April 1985, plus commissioning date 3 months after that, then special commission about a year later without break in service; 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 during the period of 2 April 1985 to 10 May 1985, you were considered inactive in the U.S. Naval Reserve while pending Naval Aviation Officer Candidate School.  Furthermore, you were on active duty from 11 May 1985 to 26 February 1997 without interruption.  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, 
            
12/1/2020
Deputy Director