DEPARTMENTOFTHE NAVY
BOARD F O R C O R R E C T I O N OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
TRG
Docket No: 6492-02
15 April 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF - (a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From :
To :
Subj :
Ref :
Encl :
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member in the Marine Corps Reserve , filed an
application with this Board requesting that his record be
corrected to show additional retirement points in the anniversary
year ending 21 December 1979.
2. The Board, consisting of Mr. McPartlin, Mr. Pfeiffer and Mr.
Milner, reviewed Petitioner's allegations of error and injustice
on 8 April 2003 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
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. ~lthough it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and review the application on
its merits.
c. Petitioner enlisted in the Marine Corps Reserve on 22
December 1975. During the next three anniversary years, ending
on 21 December 1976, 1977 and 1978, he earned 148, 76 and 75
retirement points, respectively. In the fourth anniversary year,
ending on 21 December 1979, he has only been credited with 15
points for annual training and 15 metnbership points, for a total
of 30.
d. Petitioner was honorably discharged from the Marine
Corps Reserve on 5 January 1980 so that he could enlist in. the
National Guard the next day. He has submitted evidence showing
that he then completed 17 consecutive qualifying years for
reserve retirement and has been promoted to sergeant first class
He contends that evidence of record such as his period of annual
training, rifle qualification on 8 August 1979 and fitness
reports, show he was attending drills.
e. Petitioner's fitness report for the period 1 October
1978 to 30 September 1979 shows that during this period, he
attended 43 drills. The next fitness report for the period 1
October 1979 to 2 January 1980 shows that during this period he
attended 12 drills. As indicated, Petitioner's anniversary year
runs from 22 December until 21 December of the following year.
Assuming that he earned four year drills in each month during the
period from 1 October to 21 December 1978, when those 12 drills
are subtracted from the 43 drills entered on the fitness report
for the period ending 30 September 1979, 31 drills are remaining.
The 31 drills when added to the 12 drills entered on the fitness
report for the period including 1 October to 21 December 1979,
raises the total back to 43 drills.
f. Headquarters Marine Corps (MMSR-5) does not make any
specific recommendation but essentially states that since the
points cannot be documented following a unit diary search, only
the Board can credit any additional retirement points.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since the excellent fitness reports and other
documentation in the record shows that Petitioner was present and
attending drills, it appears that Petitioner was attending drills
during the anniversary year at issue. Accordingly, Petitioner
should be credited with 43 nonpay drill points in the anniversary
year ending 21 December 1979. Nonpay points are appropriate
b e r a ~ ~ q n he was probably paid f o r those paints at t h e time.
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 change in the
retirement point total.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by crediting him
with 43 nonpay retirement points in the anniversary years ending
21 December 1979.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4. It is certified that a quorum was present at the Board's
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
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
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.
W. DEAN P
NAVY | BCNR | CY2003 | 02310-03
c. During the period from 28 February 1986 through 27 February 1996, Petitioner earned 10 consecutive qualifying years for reserve retirement. That Petitioner's naval record be corrected w show that he was credited with one nonpay drill in the anniversary year ending 27 February 1997. b. That this Report of Proceedings be filed in r~titioner's naval record.
NAVY | BCNR | CY2006 | 06425-06
Pursuant o the provisions of reference (a), Petitioner, a retired enlisted member of the Navy Reserve, filed an application with this Boa d requesting that additional retirement points be credited. The total number of nonpay drills to be credited is 61.The Board further concludes that this Report of Proceedings should be file in Petitioner’s naval record so that all future. That Petitioner’s naval record be corrected to show that he was credited wth 20 nonpay retirement points in the...
NAVY | BCNR | CY2001 | 08512-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record < enlisted member of the Marine Corps Reserve filed an Pursuant to the provisions of reference (a), Petitioner, a 1. former application with this Board requesting that his record be corrected to show that three anniversary years are qualifying for reserve retirement. proficiency marks, and was awarded the Organized Reserve Medal, it appears that Petitioner probably attended drills during the period at issue. ...
NAVY | BCNR | CY2001 | 05230-01
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner,' a 1. former enlisted member of the Marine Corps Reserve filed an application with this Board requesting that his record be corrected to show four additional qualifying years for reserve retirement. Petitioner was honorably discharged on 12 May 1983. e. Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps (HQMC) which recommends that...
NAVY | BCNR | CY2002 | 05904-02
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. Petitioner's record should be corrected by crediting him with nonpay drills in the anniversary year ending 20...
NAVY | BCNR | CY1999 | 04176.99
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected to show a qualifying year for reserve retirement in the anniversary year ending 17 November 1981. ... We recommend the following: The Board for Correction of Naval Records (BCNR). direct Headquarters Marine Corps (MMSR-5) to award (Petitioner) the minimum Reserve Retirement points necessary for a...
NAVY | BCNR | CY2002 | 06620-01
In the next three anniversary years he has been credited with 15 points from annual training and 15 membership points for a total of 30 points in each year. These diary entries do not show that he attended drills, but do show that he was retained in the unit, performed annual training, (E- 4) points because there is no documentation, but has advised him to petition this Board. Accordingly, Petitioner's record should be nonpay retirement In addition, he should be credited with 35 Nonpay...
NAVY | BCNR | CY1998 | 04778-98
Pursuant to the provisions of reference (a), Petitioner, a retired officer in the United States Marine Corps Reserve filed enclosure (1) with this Board requesting that his record be corrected to establish entitlement to retired pay at age 60. On 10 August 1998 he was informed that he was not eligible for retired pay because he had only been credited with 17 years of qualifying service. The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record...
NAVY | BCNR | CY2002 | 06580-02
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 Marine Corps Reserve, filed an application with this Board requesting, in effect, that her record be corrected by moving 15 retirement points from the anniversary year ending 26 February 1995 into the anniversary year ending 26 February 1996. Given her good record both before and after the year at issue and the excessive number of...
NAVY | BCNR | CY2001 | 07251-01
Petitioner enlisted in the Marine Corps Reserve'on 2 December 1977 for three years and subsequently earned two qualifying years for reserve retirement. e. Petitioner contends in her application that she actually performed additional drills in the anniversary year ending 1 December 1980. training, was promoted to CPL and was assigned 4.9 marks in conduct and proficiency, occurred if she was not attending drills. 6(e) of the revised Procedures of the Board for Correction of Naval Records (32...