DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5429-02
12 December 2002
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 4 December 2002.
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
and policies.
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.
You enlisted in the Marine Corps on 14 March 1967 and served
until you were released from active duty on 11 December 1970. You
then served in the inactive Marine Corps Reserve for the
remainder of your military obligation.
You reenlisted in the Marine Corps Reserve on
after a break in service of about 31 months.
earned three qualifying years for reserve retirement.
reenlisted in the Regular Marine Corps on 10 December 1980 and
served on active duty until 15 November 1993.
On that date you
were honorably discharged with 16 years, 7 months and 8 days of
active duty, under the provisions of the voluntary discharge for
early release program.
amount of
$55,893.10.
You were paid separation pay in the
16 August 1975
Subsequently, you
You
The program under which you were discharged required a three year
enlistment in the Marine Corps Reserve.
Since your anniversary
year did not expire until 15 August 1994, you were credited with
another qualifying year for reserve retirement based on your
active duty after 16 August 1993.
qualifying years and were honorably discharged at the end of your
You earned no further
three year Marine Corps Reserve enlistment.
Apparently in 2002, you realized that with 21 years of total
service in the Marine Corps and Marine Corps Reserve, you might
be eligible for reserve retirement.
However, on 15 March 2002
Headquarters Marine Corps informed you that you were not eligible
for reserve retirement because your last eight years of
qualifying service were not in the reserve component.
requirement for service in the reserve component has since been
reduced to six years.
last six years in the reserve component.
apply to this Board if you desired reserve retirement.
The Board noted that you voluntarily requested discharge from the
Marine Corps and were paid over $55,000 in lieu of retirement at
Additionally, you did not participate in the Marine
that time.
Corps Reserve after your discharge on 15 November 1993.
Since
you did not meet the requirements for reserve retirement and have
been adequately compensated for your service, the Board concluded
that a change in your record to establish eligibility for reserve
retirement is not warranted.
As indicated, you only had one of your
HQMC advised you to
The
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
2
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