DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
12 December 2002
7886-02
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
(2) Subject's naval record
Summary
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member in the Marine Corps Reserve, filed an application
with this Board requesting that his record be corrected to show
that he has sufficient qualifying years for reserve retirement so
that he will be eligible for a Department of Veterans Affairs
(DVA) home loan.
The Board, consisting of Mr. Carlsen, Mr. Tew and Mr. Taylor,
2.
reviewed Petitioner's allegations of error and injustice on 4
December 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.
Petitioner's application was filed in a timely manner.
Petitioner enlisted in the Marine Corps Reserve on 19
He then earned five consecutive qualifying years
Januag 1996.
for reserve retirement.
18 January 2002,
points for a qualifying year.
Corps Reserve but has not earned sufficient points for his
seventh year to be qualifying and has been transferred to the
Individual Ready Reserve (IRR).
he was credited with 41 of the 50 required
In the sixth anniversary year, ending on
He remains a member of the Marine
d.
Petitioner states in his application that he was
temporarily not physically qualified during the anniversary year
ending 18 January 2002 and could not earn a qualifying year.
He
could not earn another qualifying year after that because he was
told to transfer to the IRR in May 2002.
sufficient points be transferred into the anniversary year ending
18 January 2002 to make that year qualifying so that he will be
eligible for a DVA home loan.
He requests that
e.
A review of the medical record shows that he was
physically qualified except for a weight problem.
2002 he was
he was TNPQ because of the weight problem.
5'8" tall and weighed 247 pounds.
On 10 February
It is assumed that
CONCLUSION:
The Board relies on Petitioner's five consecutive
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
qualifying years, the fact that he only needs nine retirement
points to make the sixth year qualifying and the fact that his
failure to earn -a qualifying year apparently occurred only
because of a weight problem.
Board concludes that nine retirement points should be transferred
from the anniversary year ending 18 January 2001 into the
anniversary year ending 18 January 2002.
Petitioner will have six consecutive qualifying years.
Under these circumstances, the
With this change
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will
RECCMMENDATION:
That Petitioner's naval record be corrected by transferring
a.
nine retirement points from the anniversary year ending 18
January 2001 into the anniversary year ending 18 January 2002.
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
5.
Pursuant to the delegation of authority set
6(e) of the revised Procedures of the Board for
out in Section
Correction of
2
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive
3
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