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


Docket No. 3872-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 20 September 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 and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in HQMC memo 1820 MMSR-5 of 31 July 2019; a copy of which was previously provided to you for comment. 

On 31 January 2000, you were transferred to the Retired Reserve, awaiting pay at age 60, per your request dated 6 January 2000.  You completed 21 years of qualifying service.  On 7 October 2001, you were issued orders to active duty in Active Guard/Reserve status effective 25 November 2001.  On 1 June 2005, you were discharged from the Army/USAR.  On 24 January 2019, your application for retired pay was approved effective 12 June 2019. 

You requested that total points creditable for retired pay reflect 3,304 vice 1,870 and retire from the U.S. Marine Corps Reserve; 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 HQMC has no authority to grant points from a different branch of service. 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.