DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ©
WASHINGTON DC 20370-5160 TRG
Docket No: 3425-09
7 May 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 6 May 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.
In your application you are contending, in effect, that as a
major who has failed of selection you will not be able to reach
18 years of qualifying service and sanctuary status prior to
‘being forced out of the Marine Corps Reserve upon completion of
20 years of commissioned service. You are requesting that
retirement points be transferred into nonqualifying years so that
you will be able to earn 18 qualifying years.
Your Career Retirement Credit Report shows that you now have.15
years of qualifying service and will have 16 years at the end of
your anniversary year on 18 January 2010. Your mandatory
Separation date is indicated to be 1 December 2010. Headquarters
Marine Corps (HOMC) has informed the Board that reserve officers
with at least 16 years of qualifying service are considered by a
continuation board to determine if they should be retained to
complete eligibility for reserve retirement. HQMC states that a
very high percentage of officers are selected for continuation.
Given the circumstances, your argument that you will be unable to
qualify for retirement is not compelling at this time. If in
2010 you are not selected for continuation, that will be the time
to submit an application to the Board. Accordingly, your
application has been denied. The names and votes of the members
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,
RS fa
. ROBERT D>~ZSALMAN
Acting Executive Director
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