DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAW ANNEX

WASHINGTON DC 203705100

TRG
Docket No: 2912-97
24 March 1999

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

RECORD  OF

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

(1) Case Summary
(2) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

Pursuant to the provisions of reference (a), Petitioner, a

1.
commissioned officer in the United States Naval Reserve filed an
application with this Board requesting that he be credited with
additional qualifying years for reserve retirement.

The Board, consisting of Mr. Brezna, Mr.  

Cali, Ms. Hare,
2.
reviewed Petitioner's allegations of error and injustice on 2
March 1999 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Documentary material considered by

The Board, having reviewed all the facts of record pertaining

3.
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 the application was not filed in a timely

manner, it is in the interest of justice to waive the statute of
limitations and review the application on its merits.

Petitioner

;9 December 1974.

a Medical Corps officer, has served in the
The record shows that in
NavalCReserve since
each of the four anniversary years beginning on 19 December 1980
and ending on 18 December 1984 he has been credited with only 20
of the 50 retirement points necessary for a creditable year for
reserve retirement purposes.
In the next anniversary year he
transferred to the Inactive Status List and remained in that
status until sometime in the anniversary year ending 18 December
1988.
retirement points.
changes during an anniversary year.
returned to an active status in 1988 and has been credited with a

While in the ISL an individual cannot be credited with

A partial year may be credited if the status

Petitioner apparently

.

The record shows that in the anniversary year

partial year.
ending 18 December 1988 he has been credited with 33 retirement
Since
points and 6 months and 17 days of qualifying service.
As of 18
then he has earned 10 consecutive qualifying years.
December 1998 he has been credited with 15 years, 6 months and 17
days of qualifying service.
1999.
waiver and is continuing to earn retirement points.

The Board has been informed that he has been granted a

He was 60 years old on 15 January

d.
follows:

Petitioner states in his application, in part, as

~. that I 

>may not be

(CME) 

Keep drilling with

Since 1977, I was drilling at Naval Reserve Center,
Tampa, Florida, but in late 1979, my medical practice
expanded and less time was available for other
activities including my Naval Reserve participation. I
informed my Unit Commanding Officer  
He stated he would try to
able to continue drilling.
seek a solution and would talk to the Center Commanding
The Center Commanding Officer
Officer for direction.
responded with this proposal.
Continuing Medical Education  
~. along with
conducting physical examinations at my office in
Clearwater, Florida, complete correspondence courses
and I would garner the requisites to acquire
satisfactory years for retirement as well as being
This proposal
satisfactory in my drilling status.
solved time restraints of my demanding schedule. As
far as I knew the Center Commanding Officer/Chief/Staff
No one
had checked regulations and nothing was amiss.
ever contacted me to notify this was an unsatisfactory
directive,
received credit for these years,
conducting physical exams for enlistment/reenlistments
I also treated active duty and
/annuals at Clearwater,
retired Navy Personnel, their Dependents,--this
included Commanding Officers to Non-Rated--no one was
ever refused or charged.
that CME participations were limited to five points
annually and the numerous physicals I conducted were
not to be credited by the Tampa Center, I certainly
would have altered my schedule or stopped drilling
There seems to be a contradiction of
altogether.
allowing only five points a year for CME credits when
reflexing or  
credits without drilling) is available, credit for
credit.
You are able to reflex each month of drill,
providing you would attend approved meeting for CME
credit.

so I thought all was proper and I would
In addition to

PRIMUS positions in the Reserve (receiving

If I would have been notified

2

Petitioner has submitted a letter from another doctor who states
he was present at a meeting where the commanding officer told
them that drills could be credited for such things as performing
He has also submitted a letter from an enlisted man
physicals.
who was present at the meeting and confirms that such an offer
was made.

Attached to enclosure (2) is an advisory opinion from

the Bureau of Naval Personnel which states, in part, as follows:

e.

. . . conducting physical examination at his civilian
medical practice was not creditable activity for
The REFLEX and  
accruing retirement points.
programs he notes were not available in 1980.

PRIMUS

Every Naval Reservist received an Annual Retirement
Point Record from the Naval Reserve Personnel Center
which specifically delineates how many points were
earned and what type of drill/duty was performed during
the member's anniversary year.
cumulative history of all service, active and reserve.
(He) was sent such a statement annually which indicated
his points earned.
adjust his level of participation should have been in
1981 when he received his annual report indicating he
was receiving a total of 20 drill credit points yearly
(5 CME and 15 gratuitous for reserve participation).

The opportunity to resolve or

This report is a

 

~.

It is unfortunate that (he) served temporarily in a
capacity which did not allow him to accumulate
additional years of qualifying service.
realized, however, that the principal contributing
factor in this case was his failure to adequately
monitor his recorded drill participation and adjust his
His discovery in
participation level accordingly.
September 1995 of not receiving years of qualifying
service fifteen years earlier exceeds the statute of
limitations for such an appeal.

It must be

. (He) can apply for an overage waiver to permit his
. 
Naval Reserve participation beyond age 60 in order to
qualify for retirement benefits.

f.

Petitioner states in his rebuttal to the advisory

opinion, in part, as follows:

. . . If at any time, the Naval Reserves would have
instructed me on point capture sheets and on how to
read them, I certainly would have made corrections

3

~ Until the last five years, I
It is

earlier in my career,  
never received annual point capture records.
difficult to succeed in monitoring your drilling record
when you never were afforded the opportunity to learn
what they are or how to use and follow them.
still items that I receive from the Navy which I cannot
understand or interpret as they are so vague and
confusing.

There are

If I had known that I had to apply for an overage
waiver to go beyond age 60,
nor do I'believe the Navy should have taken me back
under those circumstances.

I would not have rejoined,

. (concerning physicals) I will include a copy of
. . 
COMNA..SFORINST 
Navy.
On page 2, 
reserve credit for physical exams completed in a
civilian practice, and having them be creditable for
Retirement points.

1570.9D from the Department of the
Set C-5, it describes obtaining

As an example, with the many

. There were not only physical exams performed but a
. . 
multitude of medical treatments for active duty
personnel and dependents.
chest pains I evaluated in my office to prevent an
emergency room visit with a probable admission, I
saved the Navy hundreds of thousands of dollars.
is one of the many examples of my treating Navy
personnel and their dependents.
the past twenty or so years treating Navy personnel,
retired, active, and their dependents without charge
and will continue to do so.  

~.

have
This

I have continued over

With his rebuttal Petitioner has provided a statement from a
retired petty officer who was stationed at the reserve center
The petty officer states that Petitioner
from 1994 to 1996.
continues to provide medical treatment for active duty personnel
and performs physicals at no charge to the individual or the
He believes that Petitioner should be given the
government.
requested drill credit.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
could receive drill credit for performing physicals and providing
other medical services, and actually did so.
program cited by Petitioner in his rebuttal was not in effect

The Board concludes that Petitioner was told that he

The Board notes the

during the years at issue but it would currently allow drill
credit for physicals.

The Board notes the comments in the advisory opinion to the
effect that the time to resolve any drill crediting problems was
upon receipt of the Annual Retirement Point Record.
Board is aware that doctors are not always knowledgeable about
retirement point crediting.
his problems with drill crediting, he has continued to earn
qualifying years.

The Board also notes that despite

However, the

Since Petitioner provided substantial medical services to the
Navy in good faith with the expectation that he would receive
drill credit, the Board concludes that he should be credited with
additional retirement points.
However, the Board further
concludes that given the passage of time he should only be
credited with the exact number of points which would make the
years at issue qualifying for reserve retirement.
Petitioner should be credited with 30  
each of the four anniversary years beginning on 19 December 1980
and ending on 18 December 1984.
will be credited with 19 years,
qualifying service as of 18 December 1998.
to transfer to the Retired List on or about 1 June 1999 if he
earns about 25 retirement points after 19 December 1998.

With this change, Petitioner
6 months and 17 days of

He will be eligible

nonpay retirement points in

Therefore,

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 crediting of his retirement points.

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
he was credited with an additional 30  
each of the four anniversary years beginning on 19 December 1980
and ending on 18 December 1984.

nonpay retirement points in

That this Report of Proceedings be filed in Petitioner's

b.
naval record.

It is certified that a quorum was present at the Board's

4.
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

R
ALAN E. GOLDSMITH
Acting Recorder

5

The foregoing report of the Board is submitted for your

5.
review and action.

Reviewed and approved:

MAY 2 1 1999

KAREN S. HEATH

Principal Deputy Assistant Secretary of the Navy

(Manpower and Reserve Affairs)

6