DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7390-00
15 June 2001
(= RT 2S
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 June 2001. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that at the end of the anniversary year on 10
October 1966 you had been credited with six consecutive
qualifying years for reserve retirement. In the next anniversary
year, ending 10 October 1967, you were credited with only 36 of
the 50 retirement points necessary to make that year a qualifying
one for retirement. During that anniversary year, on 10 January
1967 you transferred to the Individual Ready Reserve (IRR). On 6
January 1968 you affiliated with a reserve unit. However, at the
end of your anniversary year, on 10 October 1968, you were only
credited with 37 retirement points. In the next anniversary year
ending 10 October 1969 you were credited with 74 retirement
points and a qualifying year for reserve retirement.
The record shows that on 28 January 1970 you were transferred to
the IRR due to unsatisfactory drill attendance. Therefore, at
the end of the 10 October 1970 anniversary year you were only
credited with 19 retirement points. In succeeding anniversary
years, you have been credited only with 15 membership points in
each year. On 1 October 1973 you were honorably discharged at
the expiration of your enlistment.
On 7 November 1981 you reenlisted in the Marine Corps Reserve.
You then earned three consecutive qualifying years through
reserve participation. On 15 November 1985 you reported for an
extended period of active duty and remained on active duty until
your discharge. On 31 May 1991 you were honorably discharged by
reason of physical disability with severance pay. At that time,
you were credited with 17 years, 7 months and 28 days of
qualifying service for reserve retirement.
In 1994 this Board found that you met the requirements for
honorary retirement and directed that the record be corrected to
show that you transferred to the Retired Reserve on 1 June 1991.
This honorary status does not entitle you to retired pay at age
60.
In your current application you contend that you actually earned
sufficient points during your nonqualifying years to make those
years qualifying for reserve retirement, but points were not
credited because of poor record keeping. You have submitted a
letter from a retired master gunnery sergeant who states that he
was stationed at Naval Air Station, Dallas, Texas, with your
reserve unit from October 1968 until October 1971, and during
this time you performed numerous makeup drills. He also states
that the record keeping was poor and cited an instance in which
a records clerk was found to be hiding documents.
The Board noted that the retirement credit report appears to be
correct and in the years in which you earned points but did not
earn qualifying years, there was a transfer to the IRR to explain
why you did not earn sufficient points. Along these lines, the
Board also noted that on 28 January 1970 you were transferred to
the IRR because of unsatisfactory drill attendance and could not
be credited with drill points after that date. Additionally, the
master gunnery sergeant did not arrive at your drilling site
until October 1968, and you received a qualifying year in 1969.
Accordingly, there is no evidence to show that your retirement
point record is incorrect. The Board concluded that there is no
basis to correct your record to show eligibility for retired pay
at age 60.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider'its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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