DEPARTMENT OF THE NAVY

BOARD FOR CORRECTIONOF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 6069-01
19 October 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj: MAJ

REVIEW OF NAVAL RECORD

SMC

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)

(4)

DD Form 149 dtd 31 Jul 01 w/attachments
Subject’s ltr dtd 12 Sep 01
HQMC MMSR-6 memo dtd 20 Aug 01 w/encl
(HQMC MMSR-5 memo dtd 23 May 01)
Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by transferring 15 reserve retirement points from his anniversary year ending 1990
(62 inactive duty points (60 credited) and 15 active duty points, 75 total points credited) to
his anniversary year ending 1989 (35 total points credited), and six reserve retirement points
from his anniversary year ending 1994 (63 inactive duty points (60 credited) and 17 active
duty points, 77 total points credited) to his anniversary year ending 1995 (44 total points
credited), so that his anniversary years ending 1989 and 1995 will have the minimum 50
points needed to be counted as satisfactory years for purposes of eligibility for reserve retired
pay. Originally, he also requested relief regarding his anniversary years ending 1996 and
1997, but his letter at enclosure (2) amended his application to withdraw these requests. He
also requested that his anniversary month be changed from August to September.

2. The Board, consisting of Messrs. 
Petitioner’s allegations of error and injustice on 17 October 2001, and pursuant to its
regulations, determined that the limited 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.

McCulloch, and Swarens, reviewed

Leeman, 

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.

In correspondence attached as enclosure 

(3), the HQMC office having cognizance

over the subject matter of Petitioner
1989 anniversary year only. This was his first year after leaving active duty. They felt his
satisfactory years the next five years indicated he was aware of the retirement point system.
They further commented to the effect that his anniversary year had been correctly
established.

’s request recommended granting relief regarding his

C.

In his letter at enclosure 

(2), Petitioner insisted that relief is warranted regarding his

1995 anniversary year, because he would not have had a six-point shortfall if he had
understood the point system.

CONCLUSION:

Upon review and consideration of all the evidence of record,
contents of enclosure 
(3), the Board finds the existence of an
relief, specifically, transfer of 15 inactive duty points from Petitioner
year to his 1989 anniversary year.

and especially in light of the
injustice warranting partial

’s 1990 anniversary

The Board further agrees with the advisory opinion in finding that no further relief is
warranted. Regarding Petitioner ’s anniversary year ending 1995, they find that by that time,
he should have made himself aware of how the system worked.

In view of the above, the Board directs the following limited corrective action.

RECOMMENDATION:

a. That Petitioner ’s record be corrected by transferring 15 inactive duty points from his

anniversary year ending 16 September 1990 to his anniversary year ending
16 September 1989, giving him a satisfactory year, 50 points, for that anniversary year.

b. That any material or entries inconsistent with or relating to the Board

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

C. That any material directed to be removed from Petitioner

’s naval record be returned

to the Board, together with a copy of this Report 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.

d. That the remainder of Petitioner

’s request be denied.

2

‘.

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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.

ROBERT D. ZSALMAN
Recorder

JONATHAN S. 
Acting Recorder

RUSKIN

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.

HEADQUARTERS UNITED STATES MARINE CORPS
D
134-5  

3280RUSSELL ROA
 VIRGINIA 22

QUANTICO,

 

DEPARTMENT OF THE

 

NAVY

103

174 1
MMSR-6
20 Aug 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

HE CASE
USMCR

Ref:

(a) MMER Route Sheet of  

8AugO1,  Docket No.  

6069-Ol-

Encl:

(1) MMSR-5J Comment 1900 of  

23MayOl

The reference requests an advisory opinion on
1 .
petition to redistribute excess Reserve Retiremen
and change his anniversary date in the Marine Corps Reserve.

As stated in the  

2.
corrected to show a
No further correction of his record is warranted.

enclos
qualifyi

record should be
6 September 1989.

erge

d

Retirement Branch
By direction of the Commandant
of the Marine Corps

MMSR-5  Comment on MMER Route Sheet of 5 Jan 2001

Subj:

N IN THE CASE OF MAJOR
SMCR

1800
MMSR-5
23 May 01

(a) BCNR Memo of 6 Aug 01

Ref:

1.

As requested in reference (a), we have reviewed Major

 
equest to redistribute excess Reserve Retirement

-

Credit points from anniversary years with more than 50 points to
his anniversary years ending 16 September 1989, 1995, 1996 and
25 April 1997 in order to make them qualifying for retirement
purposes.
anniversary date to 17 September.

Additionally, he requests to reestablish his

s 26 August anniversary date is correct.
niversary date was required to be

reestablished when he was reinstated to the Active Status List.
s placed on the Inactive Status List (ISL) of

Standby,Reserve  on 26 April 1997 due to inactivity.

the 
References (b) and (c) requires members to earn a minimum of 27
points in order to remain in an active status.
a member is not entitled to perform any type of duty, receive
retirement credit or compete for promotion.

While on the ISL

3
r
accounts for him not earning 50 points for his anniversary year
1989.%ext  five years clearly indicates he

aims he was not informed of the 50 point
a qualifying retirement year which possibly

&? ending 16 September  
-

was aware of the point system.
billets and personal reasons that prevented him for obtaining

He also claims the lack of

in 1995,

1996 and 1997.

There is no record of

plying for appropriate or associate duty orders
nor did he try to earn retirement credits through correspondence
courses.

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