DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
9 October 2002
5904-02
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
*r
(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, a
1.
commissioned officer in the Marine Corps Reserve, filed an
application with this Board requesting, in effect, that his
record be corrected by crediting him with five retirement points
in the anniversary year ending 20 December 1998.
The Board, consisting of Mr. McBride, Mr.
2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 8 December 2602 and, pursuant to its regulations,
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.
McPartlin and Ms.
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 entered the Marine Corps Reserve on 21
During the next 19 years,
December 1982.
years for reserve retirement,
sufficient points in the anniversary year ending on 20 December
However, in the anniversary
2002 to make that year qualifying.
year ending 20 December 1998,
he has only been credited with 31
active duty points and 15 membership points, for a total of 46 of
the 50 retirement points necessary for a qualifying year.
and he has already earned
he earned 18 qualifying
d.
Petitioner states in his application that in 1998 due to
(IRR).
His plan was to perform
cutbacks at his reserve unit he was forced to transfer to the
Individual Ready Reserve
sufficient active duty for special work, annual training and
correspondence courses to achieve a qualifying year.
discovered that he could not begin the correspondence course
because it was being rewritten,
former unit to participate in a five-period drill weekend without
pay.
points. In support of his application,
from the former executive officer and subsequent commanding
officer of the reserve unit to the effect that he remembers
Petitioner attending the drills,
crediting of the drills was submitted on at least two occasions.
He later learned that he was not credited with those five
he made arrangements with his
and the paperwork to support
he has provided a letter
When he
d.
Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps
the Reserve Affairs Division,
recommending that the points be credited.
is input from the Separation and Retirement Branch
stating that the points should not be credited until Petitioner
requests and is granted associate duty orders.
He should then
submit a drill attendance sheet authenticated by the commanding
officer and a copy of the orders to the Marine Corps Reserve
Support Command, which will result in the crediting of the five
drills.
(MMSR-5),
However, also attached
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the favorable advisory opinion from the
Reserve Affairs Division and the belief of MMSR-5 that the points
can be administratively credited if proper procedures are
completed.
The Board also notes Petitioner's history of
continuous qualifying years.
drills, the Board believes that no useful purpose is now served
by making him complete the administrative requirements set forth
by MMSR-5 that may or may not ultimately be found sufficient for
crediting of the drills.
Petitioner's record should be corrected by crediting him with
nonpay drills in the anniversary year ending 20 December
five
1998.
Therefore, the Board concludes that
Since Petitioner performed the
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 reason for the crediting of the
retirement points.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by crediting him
2
with five
20 December 1998.
nonpay retirement points in the anniversary year ending
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 .
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
///
ALAN
Acting Recorder
El GOLDSMITH
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
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.
723.6(e))
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