DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 2142-02
29 August 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF
NAVAL RECORD 0
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
commissioned officer in the Marine Corps Reserve filed enclosure
an application with this Board requesting that his record be
corrected to show that the anniversary year ending on 13 November
1998 is qualifying for reserve retirement.
The Board, consisting of Mr. Pfeiffer, Mr.
2.
Grover, reviewed Petitioner's allegations of error and injustice
on 27 August 2002 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
Caron and Mr.
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 states in his application that he was aware
that he needed 50 retirement points in order to earn a qualifying
Therefore, he actually performed sufficient drills to earn
year.
a qualifying year.
It was only later that he discovered that he
had only been credited with 47 retirement points in the
anniversary year ending 13 November 1998.
resolve his problem by having the mustering officer at the time
submit muster
muster sheets cannot be reconstructed.
However, he was unsuccessful because
He attempted to
sheets.
d.
Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps which indicates that the requested
change cannot be made administratively, but recommends that the
Board move three retirement points from the anniversary year
ending 13 November 1997 into the anniversary year ending 13
November 1998.
CONCLUSION:
Given the circumstances, the Board believes that
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Petitioner probably attended the drills,
now be properly documented.
advisory opinion that the best way to correct the record is to
move three retirement points into the year at issue.
result in a qualifying anniversary year, which is the actual
reason for this application.
three retirement points should be moved from the anniversary year
ending 13 November 1997 into the anniversary year ending 13
November 1998.
even though they cannot
Therefore, the Board agrees with the
Therefore, the Board concludes that
This will
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 moving three
a.
retirement points from the anniversary year ending 13 November
1997 into the anniversary year ending 13 November 1998.
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
complete record of the Board's proceedings in the above entitled
matter.
/fl/
GT
ROBERT D.
Recorder
ZSALMAN
ALAN E. GOLDSMITH
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
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
3
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