Docket No. 9784-19
Ref: Signature Date
 
 
 
Dear    
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 9 March 2021.  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 Ser 91/324 of 3 December 2019 and United States Naval Academy (USNA) letter of 2 February 2021 and your responses to the opinions.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
  
You requested your record be corrected to reflect retirement at age 60, with all back allowances due, and all rights and privileges due your retired rank.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that you do not meet the eligibility criteria for a non-regular retirement in accordance with Bureau of Naval Personnel Instruction 1001.39F.  Specifically, the policy indicates officers with fewer than 20 years of qualifying service, computed as of the date of the screening, must earn at least 27 points, including membership points, each anniversary year to remain in an active status.  Officers that fail to earn at least 27-points each anniversary year may be transferred to Inactive Status List (ISL).  While assigned to the ISL, Reserve members are not eligible to receive pay for training, earn retirement points or be considered for promotion.  Additionally, the policy stipulates that Reserve members must complete 20 years of qualifying service to be eligible for a non-regular service retirement.   
 
A review of your record reflects that the USNA does not have supporting documentation to corroborate your participation for Reserve retirement point credit after January 1987.  Therefore, the Board was not compelled to honor the Retirement Credit Report (Yearly) Naval Academy Information Program (NAIP) sheets submitted for the years of 1987 through 2004, all dated and signed by you and certifying officer on 9 September 2006.  Moreover, you were transferred to the ISL effective 1 March 1990 for failure to meet the 27-points to remain in an active status and your Ready Reserve Service Agreement to be reinstated was disapproved on 20 April 1994, thereby rendering you ineligible to receive Reserve retirement point credit after 1 March 1990.  In this connection, the Board substantially concurred with the comments contained in the advisory opinions. 
 
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,