DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Docket No:
12 December 2001
5848-01
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
1.
Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps Reserve filed an application
with this Board requesting that his record be corrected to show
that the anniversary year ending 12 January 1993 is qualifying
for reserve retirement.
The Board, consisting of Mr. Beckett, Mr. Cooper and Ms.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 11 December 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.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
t-o 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 Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner was honorably discharged from the Marine
Corps on 14 January 1991 after completing over 10 years of active
duty.
A year later, on 13 January 1992 he enlisted in the Marine
Corps Reserve.
At the end of his first anniversary year on 12
January 1993, he was credited with 41 retirement points, mine
points less than the 50 required for a qualifying year for
retirement.
Subsequently, he has earned eight consecutive
qualifying years for retirement,
will end on 12 January 2002 will also be qualifying for reserve
retirement.
and the anniversary year which
d.
Petitioner states in his application that he was never
briefed on the requirement that he had to earn 50 retirement
points in order to earn a qualifying year.
nine retirement points be moved from the anniversary year ending
12 January 1994 into the anniversary years ending 12 January
1993.
He is requesting that
e.
Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps (HQMC) which states that Petitioner
probably was not properly advised,
retirement points be moved into the anniversary year ending 12
January 1993 to make that year qualifying for reserve retirement.
and recommends that sufficient
CONCLUSION:
The Board notes that on 12 January 2002,
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
will complete nine consecutive qualifying years for reserve
retirement.
aware of the 50 point requirement in his first year as a
reservist, he would have earned a qualifying year.
the Board agrees with the recommendation contained in the
advisory opinion that the record should be corrected to show that
the anniversary year ending 12 January.1993 is qualifying for
reserve retirement.
This indicates to the Board that if he had been
Petitioner
Therefore,
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand that the anniversary year ending 12
January 1993 is qualifying for reserve retirement.
RECOMMENDATION:
That Petitioner's naval record be corrected by moving nine
a.
retirement points from the anniversary year ending 12 January
1994 into the anniversary year ending 12 January 1993.
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
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
y
ALAN E. GOLDSMIT
Acting Recorder
r
*
2
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.
-W. DEAN
PYEIFFER
Executive Director
3
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