DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
18 September 2002
7426-02
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, an
1.
enlisted member of the Marine Corps filed an application with
this Board requesting that his record be corrected to show that
the anniversary year ending 18 July 1997 is qualifying for
reserve retirement.
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The Board, consisting of Mr. Mr. Beckett, Ms. Nofzieger and
2.
Ms. McCormick, reviewed Petitioner's allegations of error and
injustice on 17 September 2002 and,
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.
pursuant to its regulations,
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.
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
C .
At the end of the anniversary year on 19 July 1996,
Petitioner was credited with 11 consecutive qualifying years for
In the anniversary year ending on 18 July
reserve retirement.
1997, he was credited with 49 retirement points.
Since
retirement points are required for a qualifying year.
then, he has earned five consecutive qualifying years.
Fifty
Petitioner states in his application that he took a
leave of absence from his reserve unit to attend a police
d.
After consulting with the career planner, it was agreed
academy.
he had sufficient points for a qualifying year.
to the unit, he found that he had been dropped and it took him
until the next anniversary year to rejoin a unit.
change so he can regain the opportunity to earn 20 consecutive
qualifying years.
He desires a
When he returned
CONCLUSION:
Given the circumstances, and especially his consecutive
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
qualifying years both before and after the anniversary year at
issue, the Board concludes that the record should be corrected to
make the year ending on 18 July 1997 qualifying for reserve
retirement.
point from the anniversary year ending 18 July 1998 into the
anniversary year ending 18 July 1997.
This can be accomplished by moving one retirement
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 number
of qualifying years.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by moving one
retirement point from the anniversary year ending 18 July 1998
into the anniversary year ending 18 July 1997.
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. ZSALMAN
Recorder
&%&
.
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
2
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive Di
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