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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