DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6620-01
8 February 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) 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
enclosure (1) with this Board requesting that his record be
corrected
anniversary years.
to&show that he earned drills points in four
The Board, consisting of Mr. Brezna, Mr. Pfeiffer and Ms.
2.
Hare, reviewed Petitioner's allegations of error and injustice on
5 February 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, regulations and policies.
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.
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 enlisted in the Marine Corps Reserve for six
yearsCon 8 June 1964.
The first two anniversary years, which
ended on 7 June 1966, are qualifying for reserve retirement. 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.
In the fourth anniversary year, he
has only been credited with 15 membership points.
He was
honorably discharged on 7 June 1970 at the expiration of his
enlistment.
Subsequently, Petitioner became a member of the
National Guard and has accumulated more that 20 years of
qualifying service for reserve retirement.
d.
Petitioner claims that he actually performed drills
during the four years at issue and desires those points because
it will increase his retired pay.
the unit diaries have been included.
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.
In several similar cases, the Board has
taken favorable action that resulted in points being credited.
Headquarters Marine Corps has declined to credit drill
His record is incomplete and
and was promoted to CPL
*
e.
A review of the record reveals that during his service,
Petitioner performed active duty for training in each anniversary
year from 8 June 1966 through 7 June 1969, and was promoted to
LCPL (E-3) during this period.
In the last anniversary year,
there is a diary entry, dated 16 July 1969, stating that his
annual training was being terminated due to medical reasons.
However, on 1 September 1969 he was promoted to CPL.
CONCLUSION:
The Board notes that Petitioner performed annual
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
training and was promoted during the period at issue.
In
addition, the diary pages show other routine entries which
suggest that he was in good standing, and there are no entries
suggesting otherwise.
Therefore, the Board believes that he
probably attended drills during the period 8 June 1966 through 7
June 1970.
nonpay points to make the years at issue
Although the Board concedes that Petitioner attended drills,
there is no documentation showing the actual number.
the Board concludes that he should only be credited with the
minimum number of
qualifying for retirement.
he would have already been paid for any drills performed during
the period at issue.
corrected to show that he was credited with 20
points in the anniversary years ending 7 June 1967, 1968 and
1969.
retirement points in the anniversary year ending 7 June 1970.
Accordingly, Petitioner's record should be
nonpay retirement
In addition, he should be credited with 35
Nonpay points are appropriate because
Therefore,
nonpay
RECOMMENDATION:
a.
with 20
That Petitioner's naval record be corrected by crediting him
nonpay retirement points in each of the three anniversary
2
years beginning on 8 June 1966 and ending on 7 June 1969. In
addition he should be credited with 35
in the anniversary year ending 7 June 1970.
b.
naval record.
That this Report of Proceedings be filed in Petitioner's
nonpay retirement points
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.
~&F&y*
.
ROBERT D. ZSALMAN
Recorder
G LD
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.
Executive
3
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