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

Docket No. 6851-19 
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 27 September 2019.  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 letter 5730 PERS-91/255 dated 16 September 2019. 

You were transferred to the Individual Ready Reserve (IRR) on 17 October 1994 due to failing physical readiness test and was not recommended for promotion.  Your evaluation also stated that you were recommended for re-affiliation and advancement in the Navy Reserve once you met Physical Readiness Test (PRT) standards.  On 13 July 1995, you were discharged upon the completion of your contract.  On 30 September 1995, your former unit was disestablished.
   
You requested that your record reflect that you were transferred to the Retired Reserve; 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 COMNAVRESFORINST 1740.1 you do not qualify for Reserve Transition Benefits (RTB) for members of the selected reserve (SELRES).  The RTB program was designed to assist SELRES members who have been involuntarily separated, during the period of 23 October 1992 to 30 September 1999 and who meet certain eligibility requirements. The reason for involuntary separation that potentially applies in your case is the disestablishment of your old unit. However, you were no longer with that unit upon your separation. Furthermore, the policy specifically disqualifies separations where the member is discharged at the end of obligated service, separations from a non-pay category such as the IRR, and separation by reason of failure of the physical readiness standards, each of which apply in your case. Regarding the advisory opinion, the Board concluded that it did not apply to you in that you were not active duty. In this connection, the Board substantially disagreed 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.  

Sincerely,