DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 9631-02
6 December 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
,
REVIEW OF
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 his record be
corrected to allow him the opportunity to earn reserve
retirement.
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.
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 .
After a brief period of enlisted service, Petitioner was
commissioned in the Marine Corps Reserve on 17 December 1982 and
served on active duty until 15 September 1986.
His anniversary
year ended on 17 August 1987 and is qualifying for reserve
retirement.
15 retirement points of the 50 points required for a qualifying
year.
and was subsequently credited with 47 retirement points.
The
next anniversary year is qualifying for reserve retirement. In
the anniversary years ending 17 August 1992 and 1993, he has been
Petitioner affiliated with a reserve unit on 1 March 1990
In the next two anniversary years, he earned 29 and
credited with 43 and 15 retirement points.
earned nine consecutive qualifying years.
of the anniversary years ending on 17 August 2002 he has been
credited with 15 years of qualifying service.
Since then he has
Therefore at the end
d.
Apparently because of Petitioner's nonqualifying years
he has failed of selection on two occasions and his discharge
from the Marine Corps Reserve is required upon completion of 20
years of commissioned service unless he is selected for
continuation to reach 24 years of commissioned service.
Petitioner will only have 15 qualifying years, he will not be
eligible for continuation due to the fact that he will not be
able to earn reserve retirement during the four year continuation
period.
Since
%ith
He affiliated with a reserve unit on 1 March 1990
Petitioner is requesting in effect that the anniversary
47 points be made qualifying so that he will have the
year
opportunity to be considered for continuation and to qualify for
retirement.
but was not credited with any drills for that month.
that an error may have occurred but he has no documentation to
support that belief.
shows that he was credited with 16 paid drills, 15 membership
points, and 16 days of annual training for a total of 47
retirement points.
because he was on annual training.
He states that he did not drill in July
The Career Retirement Credit Report (CRCR)
He believes
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action due in large part to Petitioner's excellent record and the
fact that he is very close to having 16 qualifying years.
he is only asking for the opportunity to qualify for retirement,
the Board concludes that no useful purpose is served by forcing
him out of the Marine Corps Reserve without the opportunity to
qualify for retirement.
Therefore, the Board concludes that
three retirement points should be transferred from the
anniversary year ending 17 August 1991 into the anniversary year
ending 17 August 1990.
years of qualifying service at the end of his anniversary year
ending 17 August 2002 and will be eligible to be considered for
continuation to 24 years of commissioned service.
With this change, Petitioner will have 16
Since
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:
2
That Petitioner's naval record be corrected by transferring
a.
three retirement points from the anniversary year ending 17
August 1991 into the anniversary year ending 17 August 1990.
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.
,
3
NAVY | BCNR | CY2001 | 05851-01
This would require the transfer of 17 retirement points into the anniversary year with 33 retirement points and continuation for an maximum of four years so he can earn the last six or eight years, whichever is required, in the reserve component. Therefore, given his many years of excellent service and the other circumstances of the case, the Board concludes that the record should be corrected to allow him to earn reserve retirement by completing eight years of qualifying service to...
NAVY | BCNR | CY2006 | 07321-06
the next 15 years. Attached to enclosure (1) is an advisory opinion from the Navy Personnel Command which states, in part, as follows:.... Because his record shows that he had only eleven years of qualifying service at that time, he was honorably discharged from the Navy Reserve on 1 October2003.We have reviewed the paperwork (Petitioner) provided with his petition and have updated his record .... to show 16 qualifying year of service and a total of 1199 points. This correction will allow...
NAVY | BCNR | CY2002 | 02142-02
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 enclosure an application with this Board requesting that his record be corrected to show that the anniversary year ending on 13 November 1998 is qualifying for reserve retirement. three retirement points should be moved from the anniversary year ending 13 November 1997 into the anniversary year ending 13 November 1998. even...
NAVY | BCNR | CY2001 | 00123-00
Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the United States Naval Reserve filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 8 April and then to the Retired List, 2000. After a review of the chronology of service prepared Petitioner, Pers 9 noted that he earned 32 retirement points the anniversary year ending 9 September 1975 and, in...
NAVY | BCNR | CY2002 | 09968-02
Petitioner completed 20 years of qualifying service for reserve retirement at the end of his anniversary year on 21 April 1995. RECOMMENDATION: That Petitioner's naval record be corrected by transferring a. sufficient retirement points from the excess over 50 in qualifying years to make the anniversary years ending 21 April 2002 and 21 April 2002 qualifying for reserve retirement. 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations,...
NAVY | BCNR | CY2002 | 06500-02
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he was credited with three years of reserve service not shown on his statement of service, that he transferred to the Retired Reserve vice being discharged on 9 August 1990, and transferred to the Retired...
NAVY | BCNR | CY2003 | 02310-03
c. During the period from 28 February 1986 through 27 February 1996, Petitioner earned 10 consecutive qualifying years for reserve retirement. That Petitioner's naval record be corrected w show that he was credited with one nonpay drill in the anniversary year ending 27 February 1997. b. That this Report of Proceedings be filed in r~titioner's naval record.
NAVY | BCNR | CY2001 | 06003-00
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected to show that he has 20 years of qualifying service for reserve retirement and that he transferred to the Retired Reserve vice being discharged on 13 June 1990. Petitioner enlisted in the Naval...
NAVY | BCNR | CY2002 | 05904-02
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected by crediting him with five retirement points in the anniversary year ending 20 December 1998. Petitioner's record should be corrected by crediting him with nonpay drills in the anniversary year ending 20...
NAVY | BCNR | CY2002 | 04598-02
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 in the Naval Reserve filed an application with this Board requesting that his record be corrected by crediting him with an additional four retirement points in the anniversary year ending 18 October 1987. he has 15 years and 2 days of qualifying service for reserve retirement. He indicates in his application that he is...