DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 10404-10
5 April 2011
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 30 March 2011. 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 91 of 26 Oct 2010.
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. In the Board's view, the responsibility
for achieving sufficient reserve retirement points rests
with you. Review of your record shows numerous gaps in
service between 1984 and 2011 during which you could have
earned the necessary retirement points, but did not. The
Board understood that you the Navy Personnel Command
erroneously credited you with 19 years of qualifying
service in December 2006. However, that error was
corrected within three months later. The correction letter
Docket: 10404-10
informed you that you would be credited with 17 years of
service and allowed until 1 February 2011 to earn the
remaining three qualifying years. However, between Feb
2007 and Feb 2011 you failed to earn three qualifying
years. The Board noted that you are now 43 years of age
and may still be eligible to affiliate with the armed
forces and earn the required points. Under these
circumstances, the Board found no error or injustice in
your naval record and 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
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,
W. NA
Executive ettor
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