DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
Y
S
TRG
Docket No:
9 January 2002
8512-01
From:
To:
Subj:
Ref:
Encl:
1’
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
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enlisted member of the Marine Corps Reserve filed an
Pursuant to the provisions of reference (a), Petitioner, a
1.
former
application with this Board requesting that his record be
corrected to show that three anniversary years are qualifying for
reserve retirement.
The Board, consisting of Mr. Rothlein, Mr. Kastner and Mr.
2.
Pfeiffer, reviewed Petitioner's allegations of error and
pursuant to its regulations,
injustice on 3 January 2002 and,
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.
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
In the first anniversary year, he was
yearsCon 5 May 1977.
credited with 129 retirement points and it is a qualifying year
The record shows that in the next three
for retirement.
anniversary years he has been credited with 37, 24 and 30
retirement points.
years they are not qualifying for retirement.
the Individual Ready Reserve (IRR) on 4 May 1981 and was awarded
an Organized Reserve Medal for the period 5 May 1977 to 4 May
Since he did not earn 50 in any of those
He transferred to
1981.
Subsequently, he was issued an honorable discharge.
d.
Subsequently, Petitioner became a member of the National
A review of the record reveals
If the three years in which he has not
Guard and has accumulated about 17 years of qualifying service
for reserve retirement.
been credited with 50 points are corrected, he now would be
eligible for reserve retirement.
that Headquarters Marine Corps (HQMC) has conducted a search to
verify additional points without success.
Personnel Management Support Branch (MMSB), HQMC, dated 12
October 2001, states that the available documentation indicates
that Petitioner was an active member,
search revealed that no drills were reported for Petitioner or
any other member of his reserve unit.
record "clearly omits his drill points,
satisfactory years of drill" be awarded for the anniversary years
Subsequently, HQMC informed Petitioner that since there
1978-81.
However,
is no documentation, the points could not be credited.
Petitioner was advised to petition this Board and request the
minimum number of points to make the three years qualifying for
reserve retirement.
and that a unit diary
MMSB states that the
A route slip from the
"and recommends that
e.
A review of the record reveals that during his service,
Petitioner performed active duty for training every year, was
promoted to CPL (E-4), and was assigned no proficiency or conduct
In addition, he was awarded the Organized
marks below 4.0.
Reserve Medal, which indicates that he was in good standing
during the period 5 May 1977 to 4 May 1981.
CONCLUSION:
received good conduct and
Since Petitioner was promoted,
In addition, HQMC would have awarded the points
Accordingly, the Board concludes that
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
proficiency marks, and was awarded the Organized Reserve Medal,
it appears that Petitioner probably attended drills during the
period at issue.
if there was any documentation to support the fact that he
actually attended drills.
Petitioner's record should be corrected to show that he earned
the minimum number of
anniversary years beginning on 5 May 1978 and ending on 4 May
1981 qualifying for reserve retirement.
Nonpay points are
appropriate because he would have already been paid for any
drills performed during the period at issue.
Petitioner should be credited with 13
the anniversary ending 4 May 1979,
year ending 4 May 1980 and 20 points in the anniversary year
ending 4 May 1981.
nonpay retirement points to make the three
26 points in the anniversary
nonpay retirement points in
Therefore,
2
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
a.
with 13, 26 and 20
anniversary years beginning on 5 May 1978 and ending on 4 May
1981.
nonpay retirement points, respectively, in the
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.
and that the foregoing is a true and
review and deliberations,
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.
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