DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 7251-01
29 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
enclosure (1) with this Board requesting that his record be
corrected to show an additional qualifying year for reserve
retirement.
The Board, consisting of Mr.
2.
reviewed Petitioner's allegations of error and injustice on 27
November 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
Mackey, Mr. Cooper and Ms. Hare,
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
C .
Petitioner enlisted in the Marine Corps Reserve'on 2
December 1977 for three years and subsequently earned two
qualifying years for reserve retirement.
year, ending on 1 December 1980,
been credited with 14 active duty points, 14 drills and 15
membership points for a total of 41 retirement points.
honorably discharged on 1 December 1980.
In the next anniversary
she was promoted to CPL and has
She was
December 1980.
Petitioner reenlisted in the Marine Corps Reserve on 2
In January 1981, she was assigned proficiency and
d.
In 1982 she transferred to the individual ready reserve
conduct marks of 4.9 for the period 1 January 1980 to 31 December
1980.
(IRR) and then spent several years in the Peace Corps. She
rejoined a unit in 1983 and earned several more qualifying years
and was promoted to SGT (E-5).
She was honorably discharged on
20 April 1986 because she had entered a reserve officer training
program, and is currently serving as a major in the USAR.
e.
Petitioner contends in her application that she actually
performed additional drills in the anniversary year ending 1
December 1980.
training, was promoted to CPL and was assigned 4.9 marks in
conduct and proficiency,
occurred if she was not attending drills.
and none of these things would have
She points out that she performed 14 days annual
CONCLUSION:
Since Petitioner was promoted and was assigned excellent
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
marks in conduct and proficiency,
attended drills during the year at issue which have not been
credited.
nonpay retirement points to raise the total to
credited with nine
50 in the anniversary year ending 1 December 1980.
nonpay
drills are appropriate because obtaining a qualifying year is the
main issue in this case.
Further, she would have been paid for
any drills she performed at the time.
the Board concludes that she should be
in appears that she probably
Therefore,
Nine
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 her
retirement point record.
RECOMMENDATION:
That Petitioner's naval record be corrected by crediting her
nonpay drills in the anniversary year ending on 1
a.
with nine
December 1980.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
4.
review and deliberations,
It is certified that a quorum was present at
the.Board's
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
Acting Recorder
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
%>a&
F-W. DEAN P IFFER
Executive Director
3
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