Docket No. 5328-19 
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 30 April 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. 

On 3 January 2007, you entered active duty.  On 23 April 2009, NAVADMIN 121/09 (FY-10 Seaman to Admiral-21 (STA-21) program announcement)) was published and on 28 October 2009, Public Law 111-84 (National Defense Authorization Act (NDAA) for Fiscal Year 2010)) was published.  On 12 November 2009, your name was listed in NAVADMIN 329/09 (Selection of applicants for the FY-10 Seaman to Admiral-21 (STA–21) commissioning program)).  On 14 August 2014, you were discharged in order to accept commissioning in same branch of service. On 30 September 2016, you were discharged from active duty due to reduction in force. 

You requested for your statement of service reflect your Certificate of Release or Discharge from Active Duty (DD Form 214) reflect net active service of 7 years, 7 months, and 11 days. 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 Section 505 of the NDAA for FY-10 (Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program)) states: 

“Time Spent in Seaman to Admiral Program.--The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA-21) program of the Navy of officer candidates selected for the program on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.” 

The Board also concluded that because your involuntary separation was not due to a disability, 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.