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NAVY | BCNR | CY2002 | 06580-02
Original file (06580-02.pdf) Auto-classification: Approved
DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 6580-02
3 October 2002

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:

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.

The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.

2.
Pauling, reviewed Petitioner's allegations of error and injustice
on 1 October 2002 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,

Documentary material considered by

regulations and policies.

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

Petitioner was released from an extended period of

activz.duty on 30 September 1994.
During the remainder of the
anniversary year which ended on 25 February 1995, she performed
54 paid drills, 30 
nonpay drills and 38 days of active duty for
special work  
During the next anniversary year, she was
(ADSW).
credited with 20 drills and 15 membership points for a total of
35 retirement points.
retirement points needed for a qualifying year.
has earned six consecutive anniversary years and has sufficient
points to make the anniversary year ending in 2003 qualifying for

This total is 15 points short of the fifty
Since then, she

retirement.

d.

Petitioner states in her application that she stopped

drilling because she was attending the California Highway Patrol
(CHP) Academy, and she has submitted evidence showing that she
completed the training and was appointed to the CHP.
contends that she performed extra drills and ADSW in the
anniversary year ending  
that the points would be credited equally across the months she
was gone.
moved from the anniversary year ending 25 February 1995 into the
anniversary year ending 25 February 1996.

She is now requesting that 15 retirement points be

25 February 1995 because she believed

She

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner performed 84 drills and
38 days of ADSW in the anniversary year ending 25 February 1995.
This certainly supports her contention that she believed some of
those points would be credited in the next anniversary year.
Given her good record both before and after the year at issue and
the excessive number of points in the prior year, the Board
concludes that 15  
from the anniversary year ending 25 February 1995 into the
anniversary year ending  

nonpay retirement points should be transferred

25'February  1996.

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 transfer of the
retirement points.

RECOMMENDATION:

a.
That Petitioner's naval record be corrected by transferring
nonpay retirement points from the anniversary year ending 25
15 
February 1995 into the anniversary year ending 25 February 1996.

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
complete record of the Board's proceedings in the above entitled
matter.

ROBERT D.  
Recorder

ZSALMAN

Acting Recorder

2

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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.

Executive



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