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NAVY | BCNR | CY2001 | 03395-01
Original file (03395-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
TRG

Docket No: 3395-01
29 June 2001

 

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF iiiilliaaaiaiAtaaiaiamanisie',
NE

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

Enel: (1) Case Summary
(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 the transfer of retirement points from one
anniversary year to another.

2. The Board, consisting of Mr. Mazza, Mr. Harrison and Ms.
Hare, reviewed Petitioner's allegations of error and injustice on
26 June 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. Petitioner's application was filed in a timely manner.

c. Petitioner entered the Marine Corps on 15 October 1982
and reported to active duty on 15 April 1983. He was honorably
discharged from the Marine Corps on 1 September 1992 at the
completion of 9 years, 4 months and 17 days of active service.
Therefore, the career retirement credit report (CRCR) shows that
at the end of his anniversary year on 14 October 1992 he was
credited with 10 years of qualifying service for reserve
retirement. During the period from 15 October 1992 to 14 October
1997 he earned five consecutive qualifying years for reserve
retirement and was promoted to MAJ (0-4). During the next
anniversary year he only earned 42 retirement points and the year
is not qualifying for retirement. He has earned no further
qualifying years.
d. Petitioner states in his application that his employer
required him to leave the United States, and he thought that he
had sufficient points to make the anniversary year ending 14
October 1998 qualifying for reserve retirement. He requests that
eight retirement points be moved from the anniversary year ending
14 October 1997 to the anniversary year ending 14 October 1998.
With this change, he will have 16 qualifying years and can be
considered for continuation to qualify for reserve retirement.

e. Attached to enclosure (1) is an E-mail from the
Assistant Head, Inactive Reserve Section, Separation and
Retirement Branch. The E-mail states as follows:

... You will need to correct your CRCR to show that you
have 16 qualifying years and you will need to be
selected for continuation in order to reach 20 years of
qualifying service as you will need to be retained
beyond your mandatory separation date of 1 June 2003 to
become retirement eligible.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes his outstanding record and his desire to
serve and qualify for reserve retirement. The Board also notes
that he apparently could have earned an additional eight points
if he had realized that he had needed them. Given the
circumstances, the Board concludes that eight retirement points
should be transferred from the anniversary year ending 14 October
1987 to the anniversary year ending 14 October 1998. This
correction only gives him an opportunity to qualify for reserve
retirement, but certainly does not guarantee he will qualify,
because he will have to earn the additional qualifying years and
be selected for continuation.

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 transferring
eight retirement points from the anniversary year ending 14
October 1987 to the anniversary year ending 14 October 1988.

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. LL
ROBERT D. ZSALMAN ALAN E. LF
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))
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.

“ehh rt) Se

Fou. W. DEAN PFEIFFER
Executive Director

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