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 30 August 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, as well as applicable statutes, regulations, and policies. 
 
You believed your record to be in error because you would have retired at your High Year Tenure (HYT) date, which would have been February 2018 or actually after your approved HYT waiver.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  MILPERSMAN 1160-120 states that an E-8 in the Active Component HYT is 26 years.  On 15 September 2017, your transfer to the Fleet Reserve was approved effective 31 December 2017, with 26 years, 7 months and 18 days of active service.  Furthermore, you Active Duty Service Date was adjusted to reflect 13 May 1991 vice 26 May 1991.  The Board concluded that the adjustment to your ADSD had no impact on your retention or promotion eligibility and that your transfer to the Fleet Reserve in the paygrade of E8 effective 31 December 2017 was appropriate. 
 
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.