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NAVY | BCNR | CY1999 | 00799-99
Original file (00799-99.pdf) Auto-classification: Approved
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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