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

Docket No. 1451-19 
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, sitting in executive session, considered your application on 15 November 2019.  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, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the 26 March 2019 advisory opinion contained in HQMC memo 1070 MPO, which was previously provided to you for comment. 

You request that your election to “opt-in” to the Blended Retirement System (BRS) be revoked and that you be returned to the Legacy Retirement System (High-3). The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions that your priorities have changed and that Marine Online (MOL) reflects that members can decide to opt out of BRS and back into the legacy system before 31 December 2018.  However, the Board noted that Marine Corps BRS directives explain that the decision to “opt-in” is irrevocable.  Only those who declined enrollement into BRS had until 31 December 2018 to change their election.  According to the advisory opinion, there is no indication of error or injustice in your record.  The Board substantially concurred with the comments contained in the advisory opinion and concluded that the evidence you submitted is insufficient to warrant reversing your BRS election.  
 
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 the 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, 


3/10/2020