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

Docket No. 50-19 
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 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 13 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 Navy Personnel Command (NPC) memorandum 5730 PERS-91/295 of 17 October 2019; a copy of which was previously provided to you for comment. 

On 14 May 1983, you were commissioned as an Ensign in the U.S. Navy. On 30 August 1990, you resigned your commission.  On 30 December 1997, you were appointed as an Ensign in the U.S. Navy Reserve. On 18 August 2017, you signed a lease with a moving date of 25 August 2017 at . On 6 October 2017, Navy Personnel Command, issued and mailed a letter (Change in your status in the Navy Reserve) to Leesburg, VA 20175, informing you of the FY-17/18 Navy Reserve Officer Retention and Continuation Plan with a respond date of 15 August 2018. On 3 November 2017, you were issued Orders (Ordered to annual training) and mailed to .  On 26 September 2018, Navy Personnel Command, issued and mailed a letter (Retirement order and transfer to retired reserve) to , effective 1 October 2018. On 13 August 2018, you were issued Orders (Ordered ADT­SPEC) and mailed to . On 30 September 2018, you were transferred to the Retired Reserve after completing over 28 years of commissioning/qualifying service.
 
You requested that your involuntary retirement of 1 October 2018 be suspended long enough for your record be considered during the FY-20 EOD Reserve Promotion Board for Captain; 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 14507: 

“Unless continued on the reserve active-status list under section 14701 or 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of lieutenant colonel or commander and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the reserve active-status list) be removed from that list under section 14514 of this title on the first day of the month after the month in which the officer completes 28 years of commissioned service” 

Furthermore, between 4 June 2019 and 17 October 2019, you were contacted by PERS-91 in order for you to submit a continuation request; however, no response was received.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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,