DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2018-01
17 April 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
1.
Pursuant to the provisions of reference (a), Petitioner, a
former commissioned officer in the United States Naval Reserve
filed enclosure (1) with this Board requesting, in effect, that
his record be corrected to show that he earned an additional nine
retirement points in the anniversary year ending 4 April 1989
,
thus making that a qualifying year for reserve retirement.
The Board, consisting of Mr.
Leeman, Mr. Beckett and Ms.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 10 April 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.
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 enclosure (1) 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 was commissioned an ensign in the Chaplain
Corps of the Naval Reserve on 5 September 1986, and was
subsequently, promoted to LT (O-3) in due course.
first two anniversary years,
reserve retirement.
In the next anniversary year, he was issued
orders for 35 days of active duty for training and he reported in
compliance with those orders on 15 August 1989.
he earned qualifying years for
During his
Subsequently,
The Statement of
his father died and he returned home early.
Service for Naval Reserve Retirement shows that he was credited
with 26 points for the ACDUTRA and 15 membership points, for a
It is clear that if he had completed his
total of 41 points.
ACDUTRA orders, he would have earned an additional nine points,
achieved 50 points in that anniversary year, and earned a
qualifying year for retirement.
qualifying for reserve retirement.
commission and was honorably discharged on 11 December 1991.
The next anniversary year is
Subsequently, he resigned his
d.
Petitioner states that he has applied for a commission
in the Army Reserve but cannot be commissioned unless he can
20 qualifying years for retirement by age 60.
nine points is transferred into the 41 point year, he will have
four qualifying years in the Naval Reserve and can meet the
requirement for commissioning in the Army Reserve.
earl
He states that if
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes that Petitioner was prevented from
action.
earning a qualifying year only because of the death of his
father.
The Board believes that no useful purpose is served by
preventing his commissioning in the Army Reserve and the record
should be corrected by transferring nine retirement points from
the anniversary year ending 4 September 1988 to the anniversary
years ending 4 September 1989.
will have four qualifying years for reserve retirement.
With this correction, Petitioner
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 the total
of his qualifying years.
RECOMMENDATION:
That Petitioner's naval record be corrected by transferring
a.
nine retirement points from the anniversary year ending 4
September 1988 to the anniversary year ending 4 September 1989.
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
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
the_ Board for Correction of
Regulations, Section 723.6(e))
5.
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
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.
= W. DEAN
SEIFFER
Executive Director
3
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