DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 16-01
26 April 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) Title 10 U.S.C. 1552
End: (1) DD Form 149 w/attachments
(2) MMSR-5 comments 1740 of 30 Mar 01
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
commissioned officer in the United States Marine Corps Reserve filed
enclosure (1) with this Board requesting that his record be corrected to
show that he is eligible for reserve retirement.
2. The Board, consisting of Mr. Zsalman, Mr. Dunn and Ms. Hare, reviewed
Petitioner’s allegations of error and injustice on 24 April 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. Enclosure (1) was filed in a timely manner.
c. Petitioner is a MAJ (0-4) who has twice failed of selection to
LTCOL (0-5). His mandatory separation date is 1 July 2001.
d. Petitioner’s Career Retirement Credit Report (CRCR) shows that
at the end of his anniversary year on 23 April 2001 he had attained 22
years of qualifying service for reserve retirement. However, he is not
eligible for reserve retirement because only the last five years of
qualifying service are in the reserve component and six years are required
for retirement eligibility.
e. At enclosure (2) is an advisory opinion which states
that Headquarters Marine Corps has no objections to correcting Petitioner’s
record to make him eligible for reserve retirement.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board
concludes that Petitioner’s request warrants favorable action. The Board
notes Petitioner’s many years of good service and the fact~that he has
accumulated 22 years of qualifying service for reserve retirement but is
ineligible because he is one year short of meeting the six year
requirement. In addition, he is prohibited by law from serving beyond 1
July 2001. The Board concludes that the record should be corrected to show
that he has the last six qualifying years in the reserve component so that
he can transfer to the Retired Reserve on 1 July 2001.
This can be accomplished by moving 35 retirement points from the excess
over 50 in subsequent anniversary years into the anniversary year ending 23
April 1996. Additional points should be transferred from the partial
anniversary year ending 1 July 2001 to raise the total in the 1996
anniversary year to 50 retirement points.
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 change in his retirement point record.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by moving 35 retirement
points from the excess over 50 in subsequent anniversary years and points
from the partial anniversary year ending 1 July 2001 to make the
anniversary year ending 23 April 1996 qualifying for reserve retirement.
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 exititled matter.
ROBERT D. ZSALMAN E. GOLDSMITH
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
2
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.
3
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