DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7294-00
8 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ch a ia Ai
ae
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show qualifying years for reserve retirement during
the period 4 August 1967 through 3 August 1971.
2. The Board, consisting of Mr. Ensley, Mr. Pfeiffer and Mr.
Cooper, reviewed Petitioner's allegations of error and injustice
on 5 June 2001 and, pursuant to its regulations, determined that
the 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.
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. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and review the application on
its merits.
c. Petitioner's record has been lost. Research conducted
by Headquarters Marine Corps and documentation submitted by
Petitioner has resulted in the issuance of a statement of service
and a Reserve Retirement Master Control Card. These documents
show that Petitioner enlisted in the Marine Corps Reserve on 9
August 1965 and that he completed initial training by serving on
active duty for 184 days. Therefore, in his first anniversary
year, he has been credited with 184 active duty points and 15
membership points and the year is qualifying for reserve
retirement. In the next four anniversary years, covering the
period from 9 August 1966 to 8 August 1970, he has been credited
with either 14 or 16 months from active duty for training
(ACDUTRA) and 15 membership points. However, he has not been
credited with any reserve drills and, with the addition of the
membership points, the record shows a total of either 29 or 31
retirement points in those four years, which is less than the 50
points needed to make those years qualifying for reserve
retirement. In the last anniversary year, ending 8 August 1971,
he has only been credited with membership points. He was
honorably discharged in the grade of SGT (E-5) on 8 August 1971.
d. Petitioner enlisted in the Army Reserve on 29 October
1986 after a break in service of over 15 years. Since then he
had earned qualifying years for reserve retirement every year and
is currently a reservist on active duty in the grade of CWO3.
e. Petitioner will be 60 years old on 27 October 2003 and
is concerned that he may not be able to qualify for reserve
retirement if he is not credited with additional qualifying years
for his service in the Marine Corps Reserve. He states that he
has been trying to get this retirement point problem resolved
since he enlisted in the USAR in 1986. He contends that he
performed reserve drills during the period from 5 August 1966
through 4 August 1971, and he should be credited with 48 drill
points in each of those anniversary years and five qualifying
years for reserve retirement. He points out that if he had not
been attending drills, he would not have been promoted and issued
ACDUTRA orders, and would have been involuntarily recalled to
active duty and sent to Vietnam. With his application Petitioner
has submitted Wage and Tax Statements from the Marine Corps
Finance Center for the years 1965, and 1967 through 1971. These
statements show that he received wages for unspecified reasons,
but apparently drill attendance, in each of those years.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board agrees with Petitioner that he would not have
been promoted or issued ACDUTRA orders if he had not been
attending drills. In addition, the wage and tax statements
suggest that he was paid for drills, although the number of
drills is not stated. Given the circumstance, the Board believes
that the record should be corrected to show that he attended
drills while in the Marine Corps. Since the number of drills he
attended cannot be verified, the Board concludes that he should
be credited with the minimum number of nonpay drills to make each
of the anniversary years, from 9 August 1966 until his discharge
on 8 August 1971, qualifying for reserve retirement. Nonpay
drills are appropriate because if he was paid at the time,
authorizing pay drills at this time would result in double
payment.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's reconstructed naval record so
that all future reviewers will understand the basis for the
crediting of the reserve drills.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was credited with the minimum number of nonpay drills in each
of the five anniversary years from 9 August 1966 to 8 August 1971
to make those years qualifying for reserve retirement.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4. 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 Acting Recorder
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.
Seb >
Fee W. DEAN PF
Executive Director
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