DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0 TRG

Docket No:
19 July 2002

3808-02

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD OF

(a) Title 10 U.S.C. 1552

(1) Case Summary
(2) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

Pursuant to the provisions of reference (a), Petitioner, an

1.
enlisted member of the Marine Corps Reserve, filed an application
with this Board requesting that his record be corrected to show
that the anniversary years ending on 12 December 1993 and 12
December 1995 are qualifying for reserve retirement.

The Board, consisting of Ms. Davies, Mr. Nofziger and Ms.

2.
LeBlanc, reviewed Petitioner's allegations of error and injustice
on 9 July 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

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 was voluntarily discharged from the Marine
Corps on 8 January 1993 under the provisions of a program that
authorized his early release with separation pay.
he had completed 15 years,
6 months and 1 day of active duty.
The program under which he was discharged required a three year
enlistment in the Marine Corps Reserve.
of the Marine Corps Reserve and the expiration of his current
contract is 31 
Reserve he was promoted to gunnery sergeant (GYSGT; E-7).

While a member of the Marine Corps

August 2003.

He has remained a member

At that time,

 years as

d.

Attached to enclosure (1) is a Career Retirement Credit

anniVerSaq

Subsequently, his anniversary year was changed,

Report (CRCR) that shows in the first three  
a member of the Marine Corps Reserve, ending in 1993, 1994 and
1995, he earned 41, 15, and 46 points, respectively.
Fifty
retirement points are needed to make a year qualifying for
retirement.
apparently because he was placed in the standby reserve when he
did not earn sufficient retirement points.
In the anniversary
year ending 8 January 1999 he has been credited with 36
retirement points.
Since then, he has earned consecutive
qualifying years and at the end of his anniversary year on 8
January 2003, he will have 20 qualifying years for reserve
retirement.
because of the requirement that the last eight years of
qualifying service must be in the reserve component.
the CRCR reveals that on 8 January 2003, he will only have six
qualifying years in the reserve component.

However, he is not eligible for reserve retirement

A review of

e.

Petitioner states in his application that he was

Accordingly, he failed to earn a qualifying years in

initially unaware of the requirement to qualify for reserve
retirement.
1993 and 1994.
When he did find out and started drilling his
employer made him choose between keeping his job or serving in
Presented with this choice, he then transferred
the reserves.
back to the individual ready reserve  
now a Federal employee and'has earned qualifying years since
then.
the IRR because he has twice failed of selection to pay grade
8.
He is also concerned that since he is approaching service
limitations as a GYSGT, he will have to either be promoted or go
through a waiver process in order to perform further service. He
is requesting that sufficient points from the excess over 50 in
his qualifying years be moved into the anniversary years ending
12 December 1993 and 1995 to make those years qualifying for
reserve retirement.

Petitioner points out that he has been transferred back to
 
E-

He states that he is

(IRR).

MAJORITY CONCLUSION:

Upon review and consideration of all the evidence of record, the
majority, consisting of Ms. Davies and Ms. Nofziger, concludes
that Petitioner's request warrants favorable action.
majority notes that Petitioner will have 20 qualifying years and
would be eligible for retirement except for the requirement that
the last eight years of qualifying service be in the reserve
component.
initially aware of the requirement to earn 50 points each year,
and of the difficulties he had with an  
HppEoaching service
failed of selection for promotion and is  
limitations.
the majority concludes
that no useful purpose is served by making Petitioner continue

The majority is also aware that he may not have been

Given the circumstances,

emolover.

The

Further, he has

in

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the IRR to earn retirement.
corrected by moving, from the excess over 50 in subsequent
qualifying years, nine retirement points into the anniversary
year ending 12 December 1993 and four points into the anniversary
year ending 12 December 1993.
will be eligible to request retirement.

With this correction Petitioner

Therefore, the record should be

The majority further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the change in the number of qualifying
years.

MAJORITY RECOMMENDATION:

a.

That Petitioner's naval record be corrected by moving

from the excess over 50 in subsequent qualifying years, nine
retirement points into the anniversary year ending 12 December
1993 and four retirement points into the anniversary year ending
12 December 1995.

b.

That a copy of this Report of Proceedings be filed in

Petitioner's naval record.

MINORITY CONCLUSION:

LeBlanc  disagrees 

with-the majority and concludes that

Ms.
Petitioner's request does not warrant favorable action.
notes that there is no evidence that Petitioner will not be
allowed to continue in the Marine Corps Reserve and earn his
retirement.
She does not believe an error or injustice will
occur until he is denied further service.
believe that any problem he had in determining the requirements
for a qualifying year and with an uncooperative employer are
sufficient to warrant relief.
minority finds no injustice warranting corrective action at this
time.

In view of the foregoing, the

She

Further, she does not

MINORITY RECOMMENDATION:

That Petitioner's request be denied.

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.

ROBERT D. ZSALMAN
Recorder

3

_&

ALAN E. GOLDSMITH
Acting Recorder

The foregoing report of the Board is submitted for your

5 .
review and action.

MAJORITY
Reviewed

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10 

REPORT:
and approved:

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MINORIT
Reviewe

PORT:

and approved:

K

JOSEPH G. LYNCH
Assistant General Counsel
(Manpower and Reserve Affairs)

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