DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0 TRG
Docket No: 4176-99
8 March 2001
From :
To :
Chairman, Board for Correction of Na-1
Secretary of the Navy
Records
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/attachments
(2) HQMC Memo MMSR-5J of 9 Feb 01
(3) Subject 's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Naval Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show a qualifying year for reserve retirement in the
anniversary year ending 17 November 1981.
2. The Board, consisting of Mr. Pfeiffer, Mr. Kastner and Mr.
Dunn reviewed Petitioner's allegations of error and injustice on
6 March 2001 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. Although it appears that enclosure (1) 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.
c.
Petitioner enlisted in the Marine Corps Reserve on 18
November 1978. He then earned two qualifying years for reserve
retirement. In the third anniversary year, which ended on 17
November 1981, he is credited with four retirement points from
correspondence courses, 15 membership points and 15 active duty
points for a total of 34 points. Since he has not been credited
with 50 points this is not a qualifying year for retirement.
During the next year he was discharged from the Marine Corps
Reserve in connection with his enlistment in the Regular Marine
Corps on 17 August 1982. Petitioner then served on active duty
until he was honorably discharged on 9 July 1991, a period of
almost nine years.
d. On 10 July 1991, Petitioner enlisted in the Marine Corps
Reserve for two years. Although the record is incomplete, he
apparently reenlisted or extended that enlistment because the
record shows that he was discharged on 18 August 1994,
apparently for the purpose of enlisting in the Army Reserve.
The career retirement credit report shows that Petitioner has
been credited with a total of 14 years of qualifying service for
reserve retirement in the Marine Corps and Marine Corps Reserve.
- -
e. At enclosure (2) is an advisory opinion from
Headquarters Marine Corps which states that Petitioner's Official
Military Personnel File has been reviewed and a unit diary search
was conducted. The review did not uncover any additional
documentation that would change the results of the specific
anniversary year questioned by Petitioner, 18 November 1980 to 17
November 1981. However, the advisory opinion also states as
follows :
... We believe (Petitioner) has a strong case for being
awarded the minimum Reserve Retirement points necessary
for a qualifying year of service for the following
reasons :
(1) Inactive Duty Training (IDT) points have been
recorded immediately before and after the anniversary
year in question.
(2) No legal action or non-recommendation for
promotions is available to indicate anything other than
(Petitioner 's) satisfactory participation.
(3) (Petitioner) was discharged from the Marine
Corps Reserve to augment to the Marine Corps, an event
not likely to have occurred if he had not been a
satisfactory participant.
... We recommend the following:
The Board for Correction of Naval Records (BCNR).
direct Headquarters Marine Corps (MMSR-5) to award
(Petitioner) the minimum Reserve Retirement points
necessary for a qualifying years of service for the
anniversary year 18 November 1980 to 17 November 1981.
. . .
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In reaching its decision, the Board notes the comments
contained in the advisory opinion but also notes that Petitioner
has been credited with a 15 day period of active duty training
(ADT) in the anniversary year at issue. The Board believes that
the ADT would not have occurred if he had been an unsatisfactory
performer. Accordingly, the Board concludes that the
recommendation contained in the advisory opinion should be
followed. Therefore, Petitioner's naval record should be
corrected by adding 16 nonpay retirement points to the . .
anniversary year ending 17 November 1981. When these points are
added to the 34 points already of record, he will have 50
retirement points and a qualifying year for retirement.
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 circumstances of the case.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by adding 16
nonpay retirement points to the anniversary year ending 17
November 1981.
b. 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. ZSALt4AN
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.
~~.~
W. DEAN-PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 06492-02
DEPARTMENTOFTHE NAVY BOARD F O R C O R R E C T I O N OF NAVAL RECORDS 2 N A V Y A N N E X WASHINGTON D C 20370-5100 TRG Docket No: 6492-02 15 April 2003 Chairman, Board for Correction of Naval Records Secretary of the Navy REVIEW OF NAVAL RECORD OF - (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Marine Corps Reserve , filed an application with this Board requesting that his record be corrected to show additional retirement...
NAVY | BCNR | CY1998 | 04778-98
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. 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. The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record...
NAVY | BCNR | CY2002 | 05904-02
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 Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected by crediting him with five retirement points in the anniversary year ending 20 December 1998. Petitioner's record should be corrected by crediting him with nonpay drills in the anniversary year ending 20...
NAVY | BCNR | CY2003 | 02310-03
c. During the period from 28 February 1986 through 27 February 1996, Petitioner earned 10 consecutive qualifying years for reserve retirement. That Petitioner's naval record be corrected w show that he was credited with one nonpay drill in the anniversary year ending 27 February 1997. b. That this Report of Proceedings be filed in r~titioner's naval record.
NAVY | BCNR | CY2001 | 08512-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record < enlisted member of the Marine Corps Reserve filed an Pursuant to the provisions of reference (a), Petitioner, a 1. former application with this Board requesting that his record be corrected to show that three anniversary years are qualifying for reserve retirement. proficiency marks, and was awarded the Organized Reserve Medal, it appears that Petitioner probably attended drills during the period at issue. ...
NAVY | BCNR | CY2001 | 05851-01
This would require the transfer of 17 retirement points into the anniversary year with 33 retirement points and continuation for an maximum of four years so he can earn the last six or eight years, whichever is required, in the reserve component. Therefore, given his many years of excellent service and the other circumstances of the case, the Board concludes that the record should be corrected to allow him to earn reserve retirement by completing eight years of qualifying service to...
NAVY | BCNR | CY2006 | 06425-06
Pursuant o the provisions of reference (a), Petitioner, a retired enlisted member of the Navy Reserve, filed an application with this Boa d requesting that additional retirement points be credited. The total number of nonpay drills to be credited is 61.The Board further concludes that this Report of Proceedings should be file in Petitioner’s naval record so that all future. That Petitioner’s naval record be corrected to show that he was credited wth 20 nonpay retirement points in the...
NAVY | BCNR | CY2001 | 05230-01
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner,' a 1. former enlisted member of the Marine Corps Reserve filed an application with this Board requesting that his record be corrected to show four additional qualifying years for reserve retirement. Petitioner was honorably discharged on 12 May 1983. e. Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps (HQMC) which recommends that...
NAVY | BCNR | CY2001 | 07251-01
Petitioner enlisted in the Marine Corps Reserve'on 2 December 1977 for three years and subsequently earned two qualifying years for reserve retirement. e. Petitioner contends in her application that she actually performed additional drills in the anniversary year ending 1 December 1980. training, was promoted to CPL and was assigned 4.9 marks in conduct and proficiency, occurred if she was not attending drills. 6(e) of the revised Procedures of the Board for Correction of Naval Records (32...
NAVY | BCNR | CY2001 | 06069-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by transferring 15 reserve retirement points from his anniversary year ending 1990 (62 inactive duty points (60 credited) and 15 active duty points, 75 total points credited) to his anniversary year ending 1989 (35 total points credited), and six reserve retirement points from his anniversary year...