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. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps memo 1820 MMSR-5 of 16 October 2019; a copy of which was previously provided to you for comment. 
 
You were separated from the U.S. Marine Corps on 1 October 2002, due to non-selection permanent promotion.  On 1 December 2004, you were discharged from U.S. Marine Corps Reserve due to second failure of selection. 
 
You requested a Reserve retirement due to your current (D1) status as former member reflected in Marine Corps Total Force System (MCTFS).  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 per 10 U.S.C. section 12731, “…a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person is at least 60 years of age, has performed at least 20 years of service computed under section 12732 of this title, and performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title…”  You failed to complete the last six years of qualifying service in the U.S. Marine Corps 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.