DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORD S
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5554-00
17 April 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(2) Subject's naval record
t
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former commissioned officer in the United States Marine Corps
Reserve filed enclosure (1) with this Board requesting that his
record be corrected to show that he qualified for reserve
retirement and transferred to the Retired Reserve vice being
discharged on 1 June 2000.
The Board, consisting of Mr.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 10 April 2001 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.
Leeman, Mr. Beckett and Ms.
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.
Enclosure (1) was filed in a-timely manner.
C .
Petitioner was honorably discharged from the Marine
$55,296.27.
Corps on 1 October 1992 and was paid separation pay in the amount
of
active and reserve service,
retirement.
Reserve.
At that time, he was credited with 15 years of
He was then commissioned in the Marine Corps
Subsequently, he was promoted to MAJ (O-4).
which was qualifying for reserve
d.
The record shows that Petitioner earned qualifying years
for reserve retirement in the four anniversary years beginning on
11 January 1993 and ending on 10 January 1997.
He only earned
membership points in the next two anniversary years which ended
The next anniversary year is qualifying for
on 10 January 1999.
He was honorably discharged on 1 June 2000
reserve retirement.
because he had completed 20 years of commissioned service and had
twice failed of selection to LTCOL (O-5).
years he had earned as of 11 October 1992, when added to the five
subsequent qualifying years means that he has 20 qualifying years
for reserve retirement.
retirement because he does not have the last six qualifying years
in the reserve component.
However, he is not eligible for such
The 15 qualifying
CONCLUSION:
The Board believes that Petitioner earned qualifying
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
years with the intent of qualifying for reserve retirement, but
was apparently unaware of the'requirement that the last six
qualifying years be in the reserve component.
close, the Board concludes that the record should be corrected to
make him eligible'for reserve retirement.
Since he is so
This action can be accomplished by transferring 35 retirement
points from the excess over 50 in prior anniversary years to the
With this action, he
anniversary year ending 10 January 1999.
will have 20 qualifying years and the last six qualifying years
in the reserve component and will be eligible for reserve
retirement at age 60. The record should be further corrected to
show that he transferred to the Retired Reserve effective 1 June
2000 vice being discharged on that date.
The Board further concluded that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand Petitioner's status in the Retired
Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected by transferring
a.
35 retirement points from prior anniversary years to the
anniversary year ending 10 January 1999 to make that year;
qualifying for reserve retirement.
That
Petitioner's'naval record be further corrected to show
b.
that he transferred to the Retired Reserve effective 1 June 2000
vice being discharged on that date.
That this Report of Proceedings be filed in Petitioner's
C .
naval record.
4.
It is certified that a quorum was present at the Board's
2
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
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.
-Y++B&G.~~
b
W- DEAN PFEIFFER
Executive Director
3
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