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

Docket No. 4507-19 
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 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 10 March 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. 
 
You requested a 20 year retirement based on constructive service.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  On 27 August 1997, your case with BCNR was presented to the Board and it recommended among other things your DD Form 214 be corrected to reflect RM2/E-5, completion of required active service, with an RE-code of RE-1.  These changes were made possible because it was determined that your suspended reduction in rate was vacated unjustly. It also concluded that neither the evidence of record nor the evidence submitted by you was sufficiently exculpatory to warrant removal of the non-judicial punishment (NJP).  Furthermore, you did not desire to transfer to the Fleet Reserve under Temporary Early Retirement Authority (TERA).  On 6 May 2002, Commander Navy Personnel Command responded to the Honorable  U.S. Senator’s inquiry in your behalf pertaining to your request for retirement with the following: “The Navy cannot authorize a twenty-year retirement unless the individual has performed twenty years of creditable service.  The BCNR offered the opportunity to accept fifteen-year retirement under TERA but she declined because she did not want to pay back her involuntary separation pay.” 

Regarding your most recent application, this Board concluded that in 1997, you declined transfer to the Fleet Reserve under TERA, which was being offered for Fiscal Year 1996 Enlisted Temporary Early Retirement Program. Furthermore, TERA is not always available for members to retire under, and in light of the fact that the Board in 1997 declined to remove your NJP, TERA was your only path to a retirement.  The Board noted that on 28 June 2016, your subsequent request to BCNR to retire under TERA was approved.  Based on the evidence provided, and the above information, the Board decided that no change to your record is warranted. 

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, 


6/4/2020