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 22 November 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 Headquarters, U.S. Marine Corps (HQMC) memo 1820 MMSR-5 of 1 October 2019; a copy of which was previously provided to you for comment. 
 
On 1 March 2009, you were promoted to the rank of Colonel (O-6).  On 31 January 2010, you completed 24 years of qualifying service.  On 14 November 2012, your request to remain on the Inactive Status List (ISL) was approved by HQMC.  On 22 October 2015, you were notified of proceedings to discharge you from the U.S. Marine Corps Reserve due to being in the  for a least 1 year. On 29 December 2015, your request to transfer to the Individual ready Reserve (IRR) was disapproved by HQMC.  On 31 July 2018, you transferred to the Retired List awaiting pay at age 60.   
 
You requested that your retired pay grade of (O-5) be changed to (O-6); 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 you were required to serve 3 satisfactory years from the date of promotion to Colonel (O6) on 1 March 2009 in order to retire and receive retired pay in the higher grade. Per Title 10, U.S.C., Section 1370, the 3 year period can be reduced to 6 months if the officer is transferred from an active status due to the person’s age or time in service. The Board determined that neither of these exclusions apply to you.  Furthermore, you spent over 6 years in the, during which you could have identified a valid billet and returned to the Reserve Active Status List, to earn time needed to retired in the grade of Colonel.  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.