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

Docket No. 179-19 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, 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 for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2020.  The names and votes of the members of the panel will be furnished upon equest. 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 12 March 1973, you enlisted for 6 years in the U.S. Navy Reserve.  On 30 August 1973, you entered active duty in the U.S. Navy, and you were released from active duty on 29 August 1977.  On 16 March 1980, you reenlisted for 6 years in the U.S. Navy Reserve.  Between 19 May 1980 and 26 September 1986, you completed a total of 90 days of active duty for training.  On 15 March 1986, you reenlisted for 2 years in the U.S. Navy Reserve.  On 3 December 1987, you entered active duty in the U.S. Navy, and you were discharged on 3 April 1998.  You obtained an overall total of active service of 14 years, 7 months, and 1 day. 
  
You requested an active duty retirement.  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 Title 10, United States Code, Section 6330 (Enlisted members transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay),  an enlisted member of the Regular Navy or the Naval Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve.  The Board found that your DD Form 214 (Certificate of release or discharge from active duty) with a separation date of 3 April 1998, had errors.  Block 12a (Date entered active this period) should reflect 24 June 1988 vice 18 September 1983, and block 12c (Net active service this period) should reflect 9 years, 9 months, and 10 days vice 14 years, 6 months, and 16 days.  

The Board also considered your eligibility for a Reserve retirement, however, per MILPERSMAN 1820-030, a Navy Reserve member must have completed 20 years of qualifying service to be eligible for non-regular service retired pay. The last 6 years of such qualifying service must be in a Reserve Component (RC) for members who have earned 20 or more years of qualifying service on or before 24 April 2005. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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,