Docket NO. 2160-21
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 5 August 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.  
 
On 3 July 1961 you enlisted for a term of 4 years and extended for 6 months.  You completed 4 years, 3 months, 2 days; however, you were credited with 4 years and 6 months.  On 5 October 1965 you reenlisted for a term of 6 years.  You completed 5 years and 9 months; however, you were credited with 6 years.  On 5 July 1971 you reenlisted for a term of 2 years.  You completed 1 year, 9 months and 7 days; however, you were credited with 2 years.  From 12 April 1973 to 31 July 1984, you completed 11 years, 3 months, and 19 days.  
 
DoD 7000.14-R Financial Management Regulation, Volume 7B, Chapter 2 Prior to December 31, 1977, states that a member became eligible for transfer upon completion of 19 years and 6 months of active service since that part of a year that is 6 months or more was creditable as a whole year.  If service is creditable to the member for such purpose before December 31, 1977, then: a completed minority enlistment of the member is counted as 4 years of active service, and an enlistment of the member terminated within 3 months before the end of the term of enlistment is counted as active service for the full term. 
  
You requested that your retirement pay be based on 24 years of service; 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 your record is correct.  From 3 July 1961 to 11 April 1973, you were credited with 12 years and 6 months even though you actually served 11 years, 9 months, and 9 days.  From 12 April 1973 to 31 July 1984, you completed and were credited with 11 years, 3 months, and 19 days in accordance with DoD 7000.14-R Financial Management Regulation, Volume 7B, Chapter 2.  Finally, in accordance with the HUNT system at DFAS, your retired pay is based on 23 years, 9 months, 19 days even though you completed 23 years and 28 days of active service.  
 
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, 
           

9/14/2021
Deputy Director