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

Docket No. 6948-19 
Ref: Signature Date 

This is in reference to your application for correction of your deceased husband’s                                 (former U.S. Navy Reserve) naval record pursuant to Title 10, United States 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 14 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.  
 
On 25 January 1945, your husband enlisted in the U.S. Navy.  On 6 August 1955, you and your husband were married.  On 1 August 1966, he was discharged with 17 years, 2 months, and 16 days of active service.  On 5 November 1966, he reenlisted for 4 years in the U.S. Navy Reserve. On 4 November 1970, he was discharged with 21 years, 2 months, and 16 days of military service.  On 30 June 2018, he passed away.  

You requested that your husband’s record reflect that he submitted a request for retirement, and that he enrolled you in the Survivor Benefit Plan (SBP); 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 1331 of Title 10, U.S. Code, provides that in order to qualify for reserve retirement at age 60 a member must among other things, have performed the last 8 years of qualifying service while a member of a reserve component.  Unfortunately, he was discharged from the U.S. Navy and reenlisted in the U.S. Navy Reserve for 4 years before he was finally discharged on 4 November 1970.   Furthermore, on 12 January 1971, he was notified that he immediately reenlist in order to earn additional retirement points and to be eligible to request transfer to the Retired Reserve, which he failed to do.  Finally, only retiring members may participate in the SBP per DOD 7000.14R FMR Volume 7B. 

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, 

4/13/2020