DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 6391-01
28 November 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(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 that the anniversary year ending 22 December
1969 is qualifying for reserve retirement.
The Board, consisting of Mr. Chapman, Mr.
2.
McCcrmick, reviewed Petitioner's allegations of error and
injustice on 20 November 2001 and, pursuant to its regulations,
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.
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.
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
.
Petitioner enlisted in the Marine Corps Reserve for six
He then completed five consecutive
yearsCon 23 December 1963.
qualifying years for reserve retirement.
The record shows that
in the next anniversary year,
was credited with 15 points for annual training and 15 membership
points, for a total of 30 retirement points.
shows that during that last anniversary year, he was promoted to
CPL (E-4) and was assigned conduct and proficiency marks of 4.2
and 4.4 on two occasions.
22
December 1969 .
He was honorably discharged on
which ended on 22 December 1969, he
The record also
d.
Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps (HQMC) which recommends that the Board
correct the record by crediting the minimum number of retirement
points necessary to make the anniversary year ending 22 December
Although not stated in
1969 qualifying for reserve retirement.
the advisory opinion, HQMC appears to believe that Petitioner
must have been attending drills because he was promoted to CPL
and was not processed for an administrative discharge.
CONCLUSION:
Since Petitioner was promoted,
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
proficiency marks and an honorable discharge, it appears that
Petitioner probably attended drills during his last year in the
Marine Corps that have not been credited.
Therefore, the Board
agrees with the recommendation contained in the advisory opinion.
Accordingly, Petitioner should be credited with 20
retirement points in the anniversary year ending 22 December
1969, to raise the total to the 50 points required for a
qualifying years for reserve retirement.
received good conduct and
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
nonpay retirement points in the anniversary year ending
a.
with 20
22 December 1969.
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.
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Acting Recorder
2
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive Di
3
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