DEPARTMENT OF THE
NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
S
0 TRG
Docket No:
18 October 2002
7738-02
From:
To:
Chairman, Board for Correction of Naval
Secretary of the Navy
Records
Subj:
REVIEW OF NAVAL RECORD
Ref:
Encl:
(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.
commissioned officer in the Marine Corps Reserve filed an
application with this Board requesting that nine retirement
points be moved from the anniversary year ending 10 February 1997
into the anniversary year ending 10 February 1998.
The Board, consisting of Mr. Pfeiffer, Mr. Tew and Ms. Hare,
2.
reviewed Petitioner's allegations of error and injustice on 16
October 1992 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material considered by
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.
C .
In 1999, Petitioner was notified that since he had twice
failed of selection, his discharge would normally be required
upon completion of 20 years of commissioned service.
since he had 18 qualifying years towards reserve retirement he
would be placed in the "Safety Zone" which allowed him three
years to meet the qualifications for reserve retirement.
time, an individual had to attain 20 years of qualifying service
in order to qualify for reserve retirement, the last six of which
had to be in the reserve component.
However,
At that
d.
On 22 July 2002, Headquarters Marine Corps (HQMC)
informed him that at the end of his anniversary year on 10
February 2002 he had earned 19 qualifying years and the last six
those years were in the reserve component.
of
December 2001 the law changed and now required that the last
eight years of qualifying service be in the reserve component.
Therefore, since he could not qualify for retirement by the end
of the Safety Zone period his discharge was required.
letter states that discharge was required on 1 September 2002.
However, HQMC has confirmed that the required discharge date is
actually 1 September 2003.
However, on 31
The HQMC
e.
Petitioner's Career Retirement Credit Report (CRCR)
During the next four
In the anniversary year ending 10 February
shows that he was released from active duty during the
At that time, he had
anniversary year ending 10 February 1993.
completed 14 consecutive qualifying years for reserve retirement,
13 years of which were on active duty.
years, he participated in the reserve program and earned
qualifying years.
1998, he has only been credited with 41 of the required 50
retirement points for a qualifying year.
consecutive nonqualifying years during which he only earned
membership points.
is qualifying for reserve retirement,
sufficient retirement points in the anniversary year which will
end on 10 February 2003 to make that year qualifying for reserve
retirement.
Therefore, on 10 February 2003 he will be credited
with 20 years of qualifying service with the last seven of those
years in the reserve component.
qualifying year needed for retirement because his discharge is
required on 1 September 2003.
The anniversary year ending 10 February 2002
and he has already earned
He cannot earn the eighth
He then has three
d.
When an individual is in the safety zone, retirement is
required as soon as eligibility for retirement is achieved.
Board is aware that 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.
The
CONCLUSION:
The Board notes that Petitioner would have been able to
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
qualify for retirement prior to his mandatory discharge if the
law had not changed to require that the last eight qualifying
years be in the reserve component.
for retirement if the record is corrected to show one additional
qualifying year, the Board concludes that Petitioner's record
should be corrected by moving nine retirement points from the
excess over 50 in the anniversary year ending 10 February 1997
into the anniversary year ending-10 February 1998.
With this correction, Petitioner will have 20 qualifying years
Since Petitioner can qualify
2
the reserve component at
with the last eight of those years in
Since his
the end of the anniversary year on 10 February 2003.
retirement is required at that time and given the requirements of
the Uniform Retirement Date Act, he should be transferred to the
Retired Reserve effective on 1 March 2003.
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:
a.
That Petitioner's naval record be corrected by moving nine
retirement points from the anniversary ending 10 February 1997
into the anniversary year ending 10 February 1998.
Petitioner's naval record should be further corrected to show
b.
that he the Retired Reserve effective on 1 March 2003.
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.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
/CC3 -3
ROBERT D. ZSALMAN
Recorder
.
Acting Recorder
Pursuant to the delegation of authority set out in Section
the'Board for Correction of
5.
6(e) of the revised Procedures 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.
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