DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0 TRG

Docket No:
1 November 2001

2697-01

From:
To:

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

Ref:

Encl:

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

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

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

1.
former warrant officer in the Marine Corps Reserve filed an
application with this Board requesting that his record be
corrected to show that he was not discharged on 1 January 2001
but 
he requests removal of a failure of selection to CW04 and missed
pay and/or retirement points from 19 December 2000 to the
present.

continue'd  to serve in the Marine Corps Reserve.

In addition

The 

BoarId, consisting of Mr. Pauling, Mr. Taylor and Ms.

2.
Gilbert, reviewed Petitioner's allegations of error and injustice
on 23 October 2001 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:

Boami, having reviewed all the facts of record pertaining

Documentary material considered by

The 

a.

BefllDre applying to this Board, Petitioner exhausted all

administratiire  remedies available under existing law and
regulations 

>Irithin the Department of the Navy.

b.

Petitioner's application was filed in a timely manner.

C .

Petitioner enlisted in the Marine Corps on 5 April 1976
and accepted an appointment as a warrant officer on 29 June 1990.
He was subsequently promoted to CW03.
enlistment through the anniversary year ending 4 April 1993 he
earned 17 consecutive years of qualifying service for reserve
retirement.
April 1993 to 4 April 2000,
in 1998-99.

However, in the next seven anniversary years, from 5
he earned only one satisfactory year,

From the date of his

d.

Petitioner was placed on the inactive status list (ISL)

on 11 July 2000, apparently because he had not been participating
in the reserve program.
restatement to an active status,
December 2000.
2001 because of his failures of selection to CW04.

However, he was honorably discharged on 1 January

He then located a billet and requested

which was accomplished on 19

e.

At enclosure (2) is an advisory opinion from

Headquarters Marine Corps (HQMC) which provides a corrected
Career Retirement Credit Report (CRCR).
The CRCR shows that he
has 16 years of qualifying service and the required years in the
reserve component.
The advisory opinion points out that if the
corrected 
request continuation to 24 years of service and to qualify for
reserve retirement.
failure of selection issue, in part, as follows:

CRCR, had been available he would have been eligible to

The advisory opinion states concerning the

As a result of his

When no further comment

The Marine Corps Reserve Support command (MCRSC)
notifisd (Petitioner) via letter dated 11 May 2000 that
he had failed to maintain the required twenty-seven
points per anniversary year.
inactiv,ity, (he) had thirty days from the receipt to
show cause . . . . or he would be transferred to the
Inactive Status List (ISL).
was provided, MCRSC transferred (him) to the ISL on 12
July 2000.
On the convening date for the fiscal year
2001 
was a 
rightly reviewed for promotion consideration.
Headquarters Marine Corps (CMT) provided (the
reference) and recommended the removal of the pass from
(his) records.
We do not agree with their assessment.
Their advisory opinion indicates (he) took the first
step to request transfer to the (ISL) on 5 April 2000
and 
provided no evidence that he did in fact initiate any
voluntary action on 5 April 2000.

(FYOl) Chief Warrant Officer Select Board, (he)
rrember of the Individual Ready Reserve and

MCRSC's files do not bear that out. (He) has

. 

. (His) assertion that he has lost out on a billet

. 
opportunity and the pay/points associated with it,
rests squarely on his shoulders.
and certification of the CRCR was clearly his
responsibility.
When (he) provided additional
information contrary to what he had previously
certified as correct,
obtain the necessary paperwork and clear up the
discrepancies.

(HQMC) (MMSR-5) was able to

The proper validation

2

The advisory opinion recommends that Petitioner's discharge be
canceled and he be reinstated in the Marine Corps Reserve, and
that the Board direct that he be accepted for continuation during
2000, to ensure he will become retirement eligible. It
the year 
is recommended that the failure of selection not be removed and
that he not be credited with any missed pay or retirement points
from 19 December 2000 to the present.

f.

In his rebuttal to the foregoing adversary opinion,

Petitioner states, in effect,
that he attempted to correct the
errors in the CRCR many times and the incorrect CRCR should not
be held against him.
In addition, he contends that the CRCR is
still erroneous because it should show that he has 18 vice 16
qualifying years for reserve retirement.
have been discharged but placed in the  
additional qualifying years for retirement. He points out that he
will not be able to earn a qualifying year in the'time remaining
in his current anniversary year unless the Board credits him with
retirement points he would have earned if he had not been
discharged.

"Safety Zone" to earn

If so, he would not

9.

After reviewing Petitioner's rebuttal, HQMC further

corrected the CRCR to show 18 qualifying years.
are placed in the safety zone have three years to earn the two
qualifying years needed to qualify for retirement.
However,
those individuals are no longer eligible for continuation and
that part of' the advisory opinion concerning continuation has
been overtaken by events.

Individuals who

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
reflected 
the safety 
with the 
the discharge of 1 January 2001 should be canceled and he should
be reinstated in the Marine Corps Reserve and placed in the
safety zone to earn retirement.

The Board notes that if Petitioner's CRCR had
1El years of qualifying service he would have placed in
zone and not discharged.

rec:ommendation  contained in the advisory opinion that

Therefore, the Board agrees

The advisory opinion recommends denial of his request for removal
of his failure of selection.
considered f'or promotion because he was a member of the IRR when
the promotion board convened,
that he 
the Board.
In the absence of such evidence, the Board agrees
with the comments and recommendation contained in the advisory
opinion on 

and there is no evidence to show
reqc.ested  transfer to the ISL prior to the convening of

It notes that he was properly

this issue.

3

nonpay retirement points from
Concerning his request for pay or  
the period after his discharge until resolution of his case, the
Board notes the seven year period from 5 April 1993 through 4
April 2000 in which he only earned one qualifying year for
The Board could not conclude from this record, that
retirement.
Since
he would have earned retirement points in future years.
his problems were at least partially of his own making, the Board
concludes that his request for retirement points from the date of
his discharge until resolution of his case is not warranted.
However, the Board is aware that he can reapply on this issue in
the future if he is in a situation in which he is precluded from
earning reserve retirement because there are insufficient
retirement points in 2001.

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
he was not discharged on 1 January 2001 but remained a member of
the Marine Corps Reserve.
to show that he was placed in the Safety Zone either on 1 January
2001 or later in 2001 if authorized by regulations.

The record should be further corrected

b.

That the! remainder of his requests be denied.

That any material or entries inconsistent with or relating to

C .
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.

That any material directed to be removed from Petitioner's

d.
naval record be returned to the Board,
of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.

together with this Report

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

ALAN E. GO
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

4

authority of reference (a),
behalf of the Secretary of the Navy.

has been approved by the Board on

a