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DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC
20370-510ggket
No:
441,_oo
23 February 2001
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 21 February 2001.
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
In addition, the Board considered the letter to
and policies.
you from Headquarters Marine Corps, dated 14 November 1996, a
copy of which is enclosed.
Your allegations of error and
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.
In order to qualify for reserve retirement at age 60, you were
required to complete 20 years of qualifying service, the last
eight years of which had to be in the reserve component. A
qualifying year is one in which an individual earns 50 retirement
points.
The enclosed statement of service shows that prior to 1 July
1949, you completed 4 years and 10 days of qualifying service for
reserve retirement.
During 1950 you reported to active duty and
remained on active duty until 29 May 1963.
were credited with 16 years and 11 months of service for
retirement.
At that time, you
You enlisted in the Marine Corps reserve on 20 October 1966 and
served until you were honorably discharged on 19 October 1970.
During this four year period, you did not earn any qualifying
years.
On 6 February 1971 you reenlisted in the Marine Corps
Reserve for six years.
1972, you earned 55 retirement points and a qualifying year.
earned no further qualifying years and were honorably discharged
on 6 February 1977 at the expiration of your enlistment.
In the anniversary year ending 5 February
You
Therefore, you have been credited with 17 years and 11 months of
qualifying service for reserve retirement.
The Board carefully reviewed your record and the statement of
service.
your years of qualifying service for reserve retirement.
Therefore, the Board substantially concurred with the comments
contained in the Marine Corps letter of 14 November 1996.
The statement of service appears to accurately reflect
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
Enclosures
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX
WASHINGTON, DC
20380-1775
.
IN REPLY REFER TO
1821
MMSR-5
'14 Nov 96
Dear
concerning
record to
the United
that although
11 months are
(IRR)
United States Code,
sections 12731 and 12732, require
365/366 day period in which a member earns a
This is in response to your letter of 27 August 1996,
your eligibility for Reserve Retired Pay.
we have again reviewed your service
As you requested,
determine if you are eligible for retirement pay from
The audit shows
States Marine Corps Reserve (USMCR).
you have 26 total years of service, only 17 years and
qualifying for retirement purposes.
Title 10,
that in order to rate Reserve Retired Pay, a
member must earn a
with the last 8 qualifying years
minimum of 20 qualifying years,
performed while a member of a Reserve component. A qualifying year
is defined as a
minimum of 50 points.
We have reviewed all the documentation you provided with your
The documentation does show that you enlisted in the USMCR
letter.
Unfortunately, you
on 6 February 1971 for a period of six years.
only remained in a Selected Marine Corps Reserve
(SMCR) unit for
one year before transferring to the Individual Ready Reserve
Neither your Service Record
for the remainder of your contract.
Book nor the documentation provided contain evidence of additional
qualifying service.
The enclosure is a
year of service towards the required eight.
copy of your Master Control Card (MCC),
of your total service while a member of the Marine Corps.
Regrettably,
if you have any additional
Please call me at (703) 614-3100,
questions that this letter has not answered. Also, we apologize
for taking so long to reply to your August 1996 letter, however, we
were delayed somewhat in our response by the time required to
obtain your original service records.
you have only earned one qualifying
which provides a breakdown
we cannot approve your request for retired pay.
Therefore,
Inactive Reserve Section
Major, U.S. Marine Corps Reserve
Head,
Separations and Retirement Branch
By direction of the
Commandant of the Marine Corps
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