Dear : 
 
This letter 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 14 July 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 10 February 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS 9), and your rebuttal material, to include your civilian employment verification. 
 
The Board carefully considered your request for reinstatement in the Navy Reserve in the grade of lieutenant.  The Board considered your contentions that due to personal life changes, hardships, and economic stress, you were not given a chance to continue your obligated service.  You assert that you were unaware of your discharge from the Navy Reserve, and that you were not properly notified or warned of your impending discharge for inactivity.  You also assert that you do not believe that you have been given an adequate opportunity to demonstrate that you can still be an active contributing asset in the Navy, especially as an officer with various years of experience in Dynamic Positioning systems/operations. 
 
The Board, however, substantially concurred with the AO that you were properly notified of your options to avoid discharge from the Navy Reserve, but did not avail yourself of the opportunity to request continuation.  Specifically, on 4 August 2017, the Commander, Navy Personnel Command mailed to your address of record, notification of the provisions of U.S. Code Section 1407.  When you did not request to be continued on active service, you were appropriately discharged from the Navy Reserve.  The Board also noted that, since having twice failed of selection for promotion to the next higher grade, you would be immediately subject to discharge if returned to the Navy Reserve.  The Board thus concluded that reinstatement in the Navy Reserve is not 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 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,