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

Dear  
 
This is in reference to your application for correction of the record of your husband, a former member of the United States Naval Reserve, pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your husband’s 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 24 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 husband’s naval record and applicable statutes, regulations, and policies.   
 
On 28 June 1944, your husband enlisted in the U.S. Naval Reserve for 2 years.  On 8 July 1944, your husband entered active duty.  On 4 June 1946, your husband was discharged from the U.S. Navy.  On 21 July 1947, your husband enlisted in the U.S. Naval Reserve.  On 28 March 1967, your husband was honorably discharged with 15 years, 7 months, and 4 days of qualifying years in accordance with Title 10 U.S.C. § 12732 (Entitlement to retired pay: computation of years of service) “Each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points…”. 
 
You requested your husband’s record reflect that he was authorized to retired pay; 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 in accordance with Title 10 U.S.C. § 12731 (Age and service requirements) “Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person: (1) is at least 60 years of age; (2) has performed at least 20 years of service computed under section 12732 of this title…”  The Board concluded that because your husband did not complete at least 20 years of qualifying service, he is not entitled to a reserve retirement. 
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 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, 
9/16/2021
Deputy Director