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NAVY | BCNR | CY1998 | 04778-98
Original file (04778-98.pdf) Auto-classification: Approved
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

TRG 
Docket No:  4778-98 
8 April 1999 

From : 
To : 

Chairman, Board for Correction of Naval Records 
Secretary of the Navy 

Subj: 

Ref: 

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

Encl : 

(1) DD Form 149 w/attachments 
(2) Case Summary 
(3) Subject's  naval record 

1.  Pursuant to the provisions of reference  (a), Petitioner, a 
retired officer in the United States Marine Corps Reserve 
filed enclosure  (1) with  this Board requesting that his record be 
corrected to establish entitlement to retired pay at age 60. 

2.  The Board, consisting of Mr.  Pfeiffer, Mr. Milner and Ms. 
Madison, reviewed Petitioner's  allegations of error and injustice 
on 23 March 1999 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.  Enclosure  (1) was filed in a timely manner. 

c.  Petitioner was informed on 30 April 1982 that since he 

had twice failed of selection to the grade of LTCOL  (0-6) and was 
nearing 20 years of commissioned service, his discharge or 
retirement was required.  Subsequently, his request for 
retirement was approved and he was retired on 1 June 1982.  On 20 
March 1991 he was informed that he was entitled to commissary 
privileges while he was awaiting pay at age 60.  His commissary 
privilege card was then reissued annually. 

d.  In 1998, as he was approaching age 60, Petitioner 

requested information concerning his retired pay.  On 10 August 
1998 he was informed that he was not eligible for retired pay 
because he had only been credited with  17 years of qualifying 
service.  He was also informed that his retirement was honorary 

only and did not establishment entitlement to pay.  Petitioner 
immediately applied to the Board stating, in effect, that he 
believed that he had completed 20 years of qualifying service. 

e.  At enclosure  (2) is an advisory opinion from 

Headquarters Marine Corps, which recommends that Petitioner's 
request be denied because he does not have 20 years of qualifying 
service.  The record on which this recommendation was based 
showed that he had only completed 17 years of qualifying service. 

f.  subsequently, the examiner assigned to the case 

discovered that Petitioner's  fitness reports showed additional 
drills that did not appear on his Reserve Retirement Master 
Control Card.  HQMC has reviewed the fitness reports and has 
credited him with additional points.  He has now been credited 
with 18 years, 9 months and 16 days of qualifying service. 
However, in the anniversary year ending 15 August 1981 he has 
only been credited with 15 membership points and this is not a 
qualifying year.  One of the fitness reports covers the period 
from 1 July 1982 to 30 June 1983 and it shows that he attended 48 
of 48 scheduled drills.  These drills have not been added to his 
retirement point summary because they occurred after the date of 
his retirement.  The partial year was credited because he was 
retired on 1 June 1982 and his anniversary year did not end until 
15 August  1982. 

g.  The Board is aware that reserve officers are not subject 

to mandatory attrition for having failed of selection if they 
have completed 18 years of qualifying service.  Those officers 
are placed in a ''safety  zonev1 and are given a period of time to 
complete 20 qualifying years. 

CONCLUSION: 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's  request warrants favorable 
action.  In this regard, the Board notes that the circumstances 
that led to the unfavorable advisory opinion have changed in that 
Petitioner has now been credited with over 18 years of qualifying 
service.  If he had been credited with those points in 1982 he 
would have been retained in the safety zone to complete 20 years. 
The reason why Petitioner continued to drill after the date of 
his retirement is unknown but it may be because he never received 
the letter informing him of his retirement.  The Board also notes 
that the correspondence he received from the Marine Corps 
concerning his commissary privileges could certainly lead him to 
believe that he had completed 20 qualifying years.  Given the 
circumstances, the Board concludes that the record should be 
corrected to establish eligibility for retired pay at age 60. 

The correction can be accomplished by crediting him with 35 
nonpay retirement points in the anniversary year ending 15 August 
1981  (essentially the points he earned after retirement) and by 
changing the date of his retirement to 1 September 1982.  With 
these changes he will be credited with 20 years of qualifying 
service.  Since Petitioner was 60 years of age on 1 September 
1998, he should be transferred to the Retired List on that date. 

The Board further concludes that this Report of Proceedings 
should be filed in Petitioner's  naval record so that all future 
reviewers will understand his status in the Retired Reserve. 

RECOMMENDATION: 

a.  That Petitioner's  naval record be corrected to show that he 
was credited with 35 nonpay retirement points in the anniversary 
year ending 15 August  1981. 

b.  That the record be further corrected to show that Petitioner 
retired from the Marine Corps on 1 September 1982 vice 1 June 
1982 and, since he is now 60 years of age, that he  transferred 
to the Retired List as of 1 September 1998. 

c.  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 
complete record of the Board's proceedings in the above entitled 
matter. 

ROBERT D.  ZSALMAN 
Recorder 

ALAN E.  GOLDSMITH 
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. 



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