DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 807-09
17 March 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 March 2009. 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, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You were released from active duty and transferred to the Navy
Reserve on 13 February 1968 with three years and 19 days of
active service. The anniversary year ending on 13 February 1969
is qualifying for reserve retirement. On 14 April 1971 you
reenlisted in the Navy Reserve and then earned 15 qualifying
years for reserve retirement. On 10 November 1985 you were
transferred to the Individual Ready Reserve because of
unsatisfactory participation. You were honorably discharged on 3
April 1991 at the expiration of your last enlistment. Therefore,
your record shows 18 years and 19 days of qualifying service for
reserve retirement.
You became 60 years of age on 11 February 2007 and in January
2009 you applied to the Board requesting various corrections to
your record so that you would be eligible for reserve retirement.
You point out that you first entered the Navy on a minority
enlistment which allowed four years credit in the computation of
service needed to transfer to the Fleet Reserve and if you were
credited with this service you would have |}? years of qualifying
service. You then requested that you be given credit for a
period of | ime when you worked for the Navy as a civilian
employee.
Regulations in effect at the time allowed jor crediting of four
years service for transfer of active duty members to the Fleet
Reserve of members on a minority enlistment who served less than
four years. However, the law only allows for crediting of the
actual active duty time served for the computation of reserve
retirement. Finally periods of time served as a civilian
employee are not creditable. It appears that you were eligible
to reenlist in April 1991 but did not do, so for some unknown
reason. Given the passage of time no other information is
available.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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 and material
evidence or other matter not previously 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, \
\ Sak
W. DEAN PF
Executive Di ¢
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