DEPARTMENT
BOARD FOR CORRECTION
2
NAVY
OFTHE NAVY
OF NAVAL RECORD
ANNEX
WASHINGTON DC 20370-510
0
.
S
TRG
Docket No:
9 October 2002
7545-02
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
commissioned officer in the Naval Reserve filed an application
with this Board requesting, in effect, that her record be
corrected by moving 12 retirement points from the anniversary
ending on 3 August 2000 into the anniversary year ending 3 August
1999.
McPartlin and Ms.
The Board, consisting.of Mr. McBride, Mr.
2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 8 October 2002 and, pursuant to its regulations,
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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
Y
b.
Petitioner's application was filed in a timely manner.
C .
On 4 August 1990 Petitioner was commissioned in the
Nurse Corps of the Naval Reserve with no prior service at age 46.
Since then she has served in an excellent manner and been
promoted to lieutenant commander LCDR; O-4).
The Statement of
Service for Naval Reserve Retirement shows that upon completion
of 12 years of service on 3 August 2002 she will be credited with
11 years of qualifying service for reserve retirement.
In the
anniversary year ending 3 August 1999,
with 39 of the 50 retirement points needed for a qualifying year
for retirement.
she has only been credited
d.
Petitioner states in her application that she was
unaware that her anniversary year was based on the date of her
initial appointment in the Naval Reserve, and believed it was
based on a fiscal year basis.
submitted a 12 point correspondence course 9 September 2000 so
that the 1999 anniversary year would be qualifying.
anniversary year had ended on 3 August 1999, the 12 retirement
points were credited in the next anniversary year.
out that since she is a nurse, the law allows her to remain a
member of the Naval Reserve until age 67.
corrected, she will not be able to earn 20 qualifying years by
her 67th birthday.
Based on this belief, she
If the record is not
She points
Since her
e.
Title 10 U.S.C. 14703 allows, at the discretion of the
for the retention of officers in medical
Secretary of the Navy,
specialties in an active status until age 67.
Petitioner will
complete 20 years of service on 3 August 2010 and will reach age
67 on 21 August 2010.
CONCLUSION:
The correspondence course was submitted only
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 has to earn continuous
qualify years from 4 August 1990 until 3 August 2010 in order to
qualify for reserve retirement,
which is only 18 days prior to
her 67th birthday.
36 days after the completion of her anniversary year but before
the end of the fiscal year,
which supports her contention that
she was unaware that it had to be submitted prior to 3 August
2002.
qualify for reserve retirement,
do so unless the year at issue is qualifying.
Board concludes that the 12 retirement points from the
correspondence course should be moved from the anniversary year
ending 3 August 2000 into the anniversary year ending 3 August
1999.
August 1999 to 51 and make it a qualifying year.
Although there are no guarantees that she will be able to
This will raise the total in the anniversary year ending 3
she certainly will not be able to
Accordingly, 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 the reason for the change in the number
of qualifying years.
RECOMMENDATION:
That Petitioner's naval record be corrected by moving 12
a.
correspondence course retirement points from the anniversary year
ending 3 August 2000 into the anniversary year ending 3 August
1999.
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
.
Executiv
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