DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

			
				TRG
	Docket No: 3374-07 
	27 February 2008

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:	

Ref:	(a) Title 10 U.S.C. 1552

End:	(1) Case Summary
(2)	Subject’s naval record

1. .	Pursuant to the provisions of reference (a) , Petitioner, a former midshipman, filed an application with this Board requesting that three retirement points be transferred from a qualifying year with excess points into an anniversary year in which he now has 47 retirement points.

2.	The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 12 February 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.	The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.	Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.	Although it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.

C.	Petitioner states in his application that in 1999 he transferred from the east coast to the west coast and because of administrative delays in affiliating him with a reserve unit he only earned 47 of the 50 retirement points necessary for a qualifying year.

d.	Attached to enclosure (1) is an advisory opinion from the Navy Personnel Command (Pers-9) which states, in part, as follows:
[Petitioner] first entered military service in February 1988 at age 38. He will complete 19 years of qualifying service in May 2008 and will be age 59 at that time. All anniversary years since he was commissioned in the Navy Reserve are qualifying years except for his anniversary year ending 9 May 2002... [Movement of the three retirement points] would allow the member to qualify for retired pay at age 60 and to transferred to the Retired Reserve on or after 1 June
2008.

Although we normally do not recommend crediting a nonqualifying year of service as a qualifying year by moving retirement points between anniversary years, we recommend making an exception in this case. . .There is no reason to doubt the members’s intent, and we agree that there appears to have been a lack of. . .guidance to help the member obtain the minimum points required during a year of major transition in his life...

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Given the circumstances and the recommendation contained in the advisory opinion, the Board concludes that Petitioner’s record should be corrected by moving three retirement points from the anniversary year ending on 9 May 1999 into the anniversary year ending on 9 May 2000.

The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the transfer of the retirement points.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected by transferring three retirement points from the excess over 50 in the anniversary year ending on 9 May 1999 into his anniversary year ending on 9 May 2000.

b.	That this Report of Proceedings be filed in Petitioner’s naval record.

4.	It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and

2
complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN	BRIAN J. GEORGE
Recorder	Acting Recorder

5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

						W. DEAN PFEIFFER
Executive Director