DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 5230-01
28 November 2001
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.
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.
The Board, consisting of Mr. Chapman, Mr.
2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 20 November 2001 and,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
pursuant to its regulations,
McPartlin and Ms.
Documentary material
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.
filed in a timely manner,
Although it appears that Petitioner's application was
not
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner enlisted in the Marine Corps Reserve on 13
May 1977 and subsequently earned two qualifying years.
four anniversary years from 13 May 1979 to 12 May 1983, he has
been credited with either 15 or 16 points for active duty
training
the required 50 points,
reserve retirement.
none of those years are qualifying for
(ADT) and 15 membership points.
Since he does not have
For the
d.
Petitioner's record shows that he was promoted to SGT
(E-5) on 1 June 1980, and fitness reports after that date are not
adverse and show that he attended at least some drills.
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 the Board
correct the record by directing the crediting of the minimum
number of retirement points necessary to make each of the years
from 13 May 1979 to 12 May 1983 qualifying for reserve
retirement.
appears to believe that Petitioner must have been attending
drills because he was promoted to SGT and was not processed for
an administrative discharge.
All though not stated in the advisory opinion, HQMC
CONCLUSION:
Since Petitioner was promoted, received good fitness
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
reports and an honorable discharge,
attended drills during the four years at issue which have not
been credited.
recommendation contained in the advisory opinion.
Petitioner should be credited with either 19 or 20
retirement points, as needed to raise the total to 50 in each of
the four anniversary years beginning on 13 May 1979 and ending on
12 May 1983.
Nonpay drills are appropriate because he would have
been paid for any drills he performed at the time.
Therefore, the Board agrees with the
it appears that he probably
Accordingly,
nonpay
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 reason for the change in his
retirement point record.
RECOMMENDATION:
That Petitioner's naval record be corrected by crediting him
a.
with sufficient
beginning on 13 May 1979 and ending on 12 May 1983 to make those
years qualifying for reserve retirement.
nonpay drills in the four anniversary years
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
2 .
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
ALAN E.
Acting Recorder
GCLDSMITH
Pursuant to the delegation of authority set out in Section
5.
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.
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