DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 4954-10
7 Sep 2010
This is in reference to your application for correction of
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 September 2010. Your allegations of error
and injustice were reviewed in accordance with the
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.
In addition, the Board considered the advisory opinion
furnished by the Commander, Navy Personnel Command (letter
5420 PERS 913 of 28 June 2010, a copy of which is attached.
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 this connection the Board
substantially concurred with the comments contained in the
advisory opinion. The Board found that you had ample
opportunity to earn retirement points towards a
satisfactory year between 1994 and 1997. Additionally, at
age 57, you still have an opportunity to possibly re-
affiliate with the reserves and complete the requirements
to qualify for a Reserve retirement before reaching age 60.
You did not perform any service or earn any points in
excess of that already reflected on your Retirement Credit
Record even though you had (and still have) the opportunity
Docket: 4954-10
to earn them. The Board found that under these
circumstances, making a change to your Retirement Credit
Record to add another qualifying year is inappropriate.
Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished
upon request. The Board wishes to encourage you, once
again, to visit your nearest Reserve Activity for
assistance in possibly reaffiliating well before you reach
the age where you can no longer complete the requirements
to qualify for a Reserve retirement.
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
also 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,
Executive oO
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