DEPARTMENT OF THE NAVY
B OARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
14 November 2002
6073-02
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(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 that her record be
corrected by transferring retirement points from the excess in a
qualifying year into a nonqualifying year so that she may
qualify for reserve retirement in the future.
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 5 November 2002 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.
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.
Petitioner's application was filed in a timely manner.
C .
After a brief period of enlisted service, Petitioner was
commissioned in the Marine Corps Reserve on 9 December 1988.
Since then she has served in an excellent manner and been
promoted to major (MAJ; O-4).
A review of the Career Retirement
Credit Report (CRCR) shows that during the 14 year period from 30
June 1988 to 29 June 2002,
she has been credited with nine years
of qualifying service for reserve retirement.
year ending 29 June 1993,
retirement points needed for a qualifying year.
She has been
credited with sufficient active duty points in the anniversary
year that will end on 29 June 2003 to make that year qualifying
In the anniversary
she has been credited with 42 of the 50
for reserve retirement.
d.
Petitioner states that the 42 point year occurred
She is aware that unless she is promoted she will be
because she was not able to affiliate with a reserve unit in a
timely manner after her release from active duty.
nonqualifying years occurred because of the birth of her
children.
forced out of the Marine Corps Reserve with two failures of
selection at 20 years of commissioned service.
there is a possibility that she would be selected for
continuation to 24 years of commissioned service if she can
This
qualify for retirement during the continuation period.
means that when she completes 20 years of commissioned service,
she must have 16 qualifying years.
Since she already had five
nonqualifying years, she will only have 15 years at that time.
Therefore, she is requesting that eight retirement points be
transferred from the excess over 50 in any anniversary year into
the 42 point anniversary year ending 29 June 1993.
change, she will have the required 16 years and will be eligible
for continuation to 24 years of commissioned service.
With this
Several other
She believes that
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes Petitioner excellent record and the
circumstances that led to the nor-qualifying year at issue.
Since
she is only asking for the opportunity to qualify for retirement,
the Board concludes that no useful purpose is served by forcing
her out of the Marine Corps Reserve without the opportunity to
qualify for retirement.
should be transferred from the anniversary year ending 29 June
1994 into the anniversary year ending 29 June 1993.
Therefore, eight retirement points
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand his status in the Retired Reserve.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by transferring
eight retirement points from the anniversary year ending 29 June
1994 into the anniversary year ending 29 June 1993.
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 E.
Acting Recorder
GOLDSMITK
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.
Executive D
3
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