DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9740-02
24 December 2002
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),
1.
commissioned officer in the Naval Reserve, filed an application
with this Board requesting that his record be corrected by
transferring retirement points from the excess in a qualifying
year into a nonqualifying year, or in the alternative, that he be
retroactively transferred to the inactive status list so that he
can qualify for reserve retirement in the future.
PeQtioner, a
The Board, consisting of Mr. McBride, Mr. George and Mr.
2.
Exnicios, reviewed Petitioner's allegations of error and
injustice on 17 December 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.
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.
Petitioner's application was filed in a timely manner.
C .
After a brief period of enlisted service, Petitioner was
commissioned in the Naval Reserve on 13 January
served on active duty until 31 December 1989.
earned three consecutive qualifying years and
lieutenant commander (LCDR; O-4).
anniversary year on 13 June 1993,
of qualifying service for reserve retirement.
anniversary year, he only earned 27 of the 50 points required for
a qualifying year and has only been credited with 15 membership
points in the next four anniversary years.
he apparently failed of selection to commander.
1984.i He then
Subsequently, he
was promoted to
Therefore, at the end of his
he was credited with 10 years
During this period,
In the period
In the next
s
from 14 June 98 until 13 June 02 he has earned four consecutive
qualifying years.
d.
Petitioner states that he transferred to the Individual
He believes there is a possibility that he
Ready Reserve (IRR) in 1993 because his daughter was born
prematurely and had severe health problems and he was unaware
that he would be considered for promotion while in the IRR. He
has now discovered that he will be forced out of the Naval
Reserve in 2004 with two failures of selection, at 20 years of
commissioned service.
would be selected for continuation to 24 years of commissioned
service if he can qualify for retirement during the continuation
be, considered for continuation at 20 years
period.
of
he already has five nonqualifying years, he will only have 15
years at that time.
retirement points be transferred, from the excess over 50 in
qualifying years, into the 27-point anniversary year ending on 13
June 1994.
qualifying service and he will be eligible for continuation to 24
years of commissioned service.
cormnissioned service, he must have 16 qualifying years.
With this change, the record will show 16 years of
Therefore, he is requesting that 23
However, to
Since
e.
Petitioner has submitted letters from two Naval Reserve
captains, attesting to his outstanding performance of duty since
he returned to a drilling status and recommending that the record
be corrected as requested.
f.
If the Board believes that retirement points should not
be transferred, Petitioner requests that the record be corrected
to show that he transferred to the Inactive Status List (ISL) and
remained in that status during the period 1994 to 1997 so that
this period will not be counted toward his total years of
commissioned service.
this transfer if he had been properly advised.
had been on the ISL he would not have been considered for
promotion.
He contends that he would have requested
Of course, if he
CONCLUSION:
The Board notes Petitioner's excellent record and the
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
circumstances that led to the nonqualifying years.
only asking for the opportunity to qualify for retirement, the
Board concludes that no useful purpose is served by forcing him
out of the Naval Reserve without the opportunity to qualify for
retirement.
transferred from the excess over 50 in prior anniversary years
into the anniversary year ending 13 June 1994.
he will have the required 16 qualifying years and will be
Therefore, 23 retirement points should be
Since he is
With this change,
2
eligible for continuation to 24 years of commissioned service.
The Board believes that with this correction, a retroactive
transfer to the ISL which could result in a future removal of his
failures of selection,
of this case.
is not necessary or warranted by the facts
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 his
record.
RECOMMENDATION:
That Petitioner's naval record be corrected by transferring
a.
23 retirement points from the excess over 50 in prior qualifying
years into the anniversary year ending 13 June 1994.
That his request
b.
Inactive Status List be denied.
to be retroactively transferred to the
That this Report
C .
naval record.
of Proceedings be filed in Petitioner's
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
ALAN .
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
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