WASHlNGTON DC 20370-5100 I TRG
2 NAVY ANNEX
D E P A R T M E N T O F T H E N A V Y .
BOARD FOR CORRECTION OF NAVAL RECOR
Docket No: 799-99
18 August 1999
From:
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
RECORD OF
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/attachrnents
(2) HQMC Memo MMSR-6 of 30 Jul 99
(3) Subject's naval record
(a) , Petitioner, a
1. Pursuant to the provisions of referel-,
commissioned officer in the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting that eight
retirement points be transferred from one anniversary year to
another.
2. The Board, consisting of Mr. Pfeiffer, Mr. Tew and Ms.
Moidel, reviewed Petitioner's allegations of error and injustice
available evidence of record.
the Board consisted of the
applicable statutes,
determined
taken on the
material considered by
records, and
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. Attached to enclosure (1) is a letter from the Marine
Corps Reserve Support Center (MCRSC) which states that
Petitioner's anniversary date was incorrectly established upon
his assignment to the Selected Marine Corps Reserve (SMCR) in
1995. He earned a qualifying year for ret~rement in the 1996-97
anniversary year. When the error was corrected, some of the
retirement points were shifted to the 1997-98 anniversary year.
Now in the 1996-97 anniversary year, he has been credited with 42
retirement points, and in the next anniversary he has been
credited with 69 retirement points. Fifty requirement points are
required for a qualifying year for retirement purposes. MCRSC
recommends that excess points be moved into the anniversary year
ending 10 June 1997 to make that year qual.ifying for retirement.
d. Attached at enclosure (2) is an advisory opinion from
Headquarters Marine Corps which also recommends that Petitioner's
request to move retirement points be appr-*-ed.
CONCLUSION:
Upon review and consideration of all the evldence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board agrees with the recommendation
of MCRSC and the advisory opinion from HQM . Therefore,
Petitioner's records should be corrected b moving eight
retirement points to the anniversary year nding 10 June 1998 to
the anniversary year ending 10 June 1997. With this change
Petitioner will have 50 retirement points and a qualifying year
for retirement.
E
RECOMMENDATION :
a. That Petitioner's naval record be corrected by moving eight
retirement points from the anniversary year ending 10 June 1998
to the anniversary year ending 10 June 1997.
b. That any material or entries inconsistent with or relating to
the Board's recommendation be corrected, removed or completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with this Report
of Proceedings, for retention in a confide tial file maintained
for such purpose, with no cross reference eing made a part of
Petitioner ' s naval record.
4. It is certified that a quorum was pres nt at the Board's
review and deliberations, and that the for going is a true and
complete record of the Board's proceedings in the above entitled
matter.
&&/
ALAN E. GOLDSMIT
ROBERT D. ZSALMAN
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))
1
and having a s s u r e d compliance w i t h i t s pro i s i o n s , i t i s hereby
announced t h a t t h e f o r e g o i n g corrective a c t i o n , taken under t h e
a u t h o r i t y of r e f e r e n c e ( a ) , h a s been approved by t h e Board on
b e h a l f o f t h e S e c r e t a r y of t h e Navy.
Executive
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