Docket No. 6163-19 
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 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 Headquarters Marine Corps (HQMC) memorandum 1820 MMSR-5 of 4 December 2019; a copy of which was previously provided to you for comment.  

You requested transfer points to anniversary year ending 19 June 2016 and receive a qualifying year towards a Reserve retirement.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board read your assertion that you were not allowed to participate in mandatory drills.  In this connection, your assertion fails to overcome the presumption of regularity that officials failed in these actions to warrant an injustice or error.  The Board noted that you were afforded the opportunity for over a year to work with the security manager to fix your security clearance issue or find another unit before being transferred to the Individual Ready Reserve.  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.