DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4598-02
7 October 2002
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
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member in the Naval Reserve filed an application with
this Board requesting that his record be corrected by crediting
him with an additional four retirement points in the anniversary
year ending 18 October 1987.
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
2802 and, pursuant to its regulations,
injustice on 5 November
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
C .
Petitioner reenlisted in the Naval Reserve on 19 October
At the time of reenlistment, he had
1986, with about two years of broken service and has served
continuously since then.
completed about five years of Naval Reserve service on two prior
At the end of the anniversary year ending on 18
enlistments.
October 1987 he was credited with 47 of the 50 points required
for a qualifying year for retirement.
In the next three
anniversary years, he was only credited with 15 membership
points.
credited with 24 retirement points.
In the anniversary year ending 18 October 1991, he was
Since then, he has earned 10
consecutive qualifying years.
he has 15 years and 2 days of qualifying service for reserve
retirement.
on extended active duty and apparently will have another
qualifying year as of 18 October 2002.
He indicates in his application that he is currently
Therefore, as of 18 October 2001,
d.
Petitioner states that in the first year after he
reenlisted on 19 October 1986, administrative errors were made
and he was not credited with four paid drills.
and other administrative problems,
transferred to the Individual Ready Reserve.
resolve this issue but has been informed that the records have
He thought that he could makeup that
been lost or destroyed.
year in the future, but is concerned that since he has over 20
years of total service,
second class petty officer will force him out of the Naval
Reserve.
he became disgusted and
high year tenure (HYT) restrictions for a
Because of this
He has attempted to
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes that although it may have happened as
action.
Petitioner contends, there is no documentation to support his
However,
contention that he attended the additional drills.
since Petitioner has a good drill record for the last 11 years
and may have a HYT problem,
corrective action is warranted.
that three retirement points should be transferred from the
anniversary year ending on 10 June 1984 into the anniversary year
With this change, the latter year will
ending 18 October 1987.
be qualifying for retirement and, as of 18 October 2002, he will
have 17 years and 2 days of qualifying service for retirement.
Therefore, the Board concludes
the Board believes that some
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 change in the number of qualifying
years.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by transferring
three retirement points from the anniversary year ending 10 June
1984 into the anniversary year ending 18 October 1987.
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
ALAN
Acting Recorder
tiLD94IT1-i
E.
5.
Pursuant to the delegation of
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.
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
3
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