DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
26 September 2002
7010-02
From:
To:
Subj:
Ref:
Encl:
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
Pursuant to the provisions of reference (a), Petitioner, a
1.
former commissioned officer in the Marine Corps Reserve, filed an
application with this Board requesting, in effect, that his
record be corrected to show that he transferred to the Retired
Reserve vice being discharged on 1 June 2002.
2.
The Board, consisting of Mr. Pfeiffer, Mr. Frankfurt and Mr.
Tew, reviewed Petitioner's allegations of error and injustice on
24 September 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.
Petitioner's application was filed in a timely manner.
.
Petitioner served in the Marine Corps and Marine Corps
During this period he was on active duty for four
He was subsequently commissioned in the Marine Corps
During this period he was promoted to MAJ
Consequently, at the end of his anniversary year on 24
Reserze as an enlisted member from 28 December 1962 until 27
December 1968.
years.
Reserve and then earned 15 consecutive qualifying years for
reserve retirement.
(O-4).
October 1993 he was credited with 19 years of qualifying service.
He had some participation in the next seven anniversary years but
never earned 50 points in any one year.
years, ending on 24 October 2000,
50 retirement points needed for a qualifying year.
earned membership points after that date and was honorably
he was credited with 45 of the
In the last of those
He only
discharged on 1 June 2002.
d.
Petitioner's discharge was required by law because he
had twice failed of selection to LTCOL (O-5) and had reached 20
years of commissioned service.
qualifying service he was placed in the "safety
qualify for reserve retirement.
further qualifying years after his 19th year and was honorably
discharged at the end of the safety zone period.
However, since he had 19 years of
zone" in order to
As indicated, he earned no
e.
Petitioner states in his application, in effect, that he
did not realize that his safety zone period had expired and
thought he had additional time to earn a qualifying year.
requesting that five retirement points be moved into the
anniversary year in which he has 45 retirement points.
He is
f.
Although Board did not request an advisory opinion in
this case it is aware that Headquarters Marine Corps has
routinely recommended corrective action is similar cases when an
individual is eligible for reserve retirement and errors have
occurred which resulted in discharge and not retirement.
g.
The Uniform Retirement Date Act, 5 U.S.C. 8301, requires
that the effective date of any retirement be the first day of the
month.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board bases its recommendation on the fact that he
action.
has 19 qualifying years and is only five retirement points short
After weighing all the facts, the Board
of the 20th year.
concludes that since he was so close, the record should be
corrected to establish his eligibility for reserve retired pay at
age 60.
points from the anniversary year ending 24 October 1999 into the
anniversary year ending 24 October 2000.
This can be accomplished by moving five retirement
With this correction Petitioner will have 20 qualifying years
and, since he was otherwise in good standing in the Marine Corps
Reserve, the Board concludes that he should be transferred to the
Retired Reserve in the grade
Uniform Retirement Date Act,
on 1 June 2002, vice the discharge of that date now of record.
M&J.
the retirement should be effective
Given the requirements of 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 his status in the Retired Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected by moving five
a.
retirement points from the anniversary year ending 24 October
1999 into the anniversary year ending 24 October 2000.
Petitioner's record should be further corrected to show that
2002 in
b.
he transferred to the Retired Reserve effective 1 June
M&J, vice being discharged on that date.
the grade of
That this Report of Proceedings be filed in Petitioner's
C .
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 E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of
5.
6(e) of the revised Procedures of
Naval Records (32 Code
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.
authority set out in Section
the Board for Correction of
of'Federa1 Regulations, Section 723.6(e))
Executive D
3
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