DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
29 January 2003
9968-02
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(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), Petitioner, a
1.
commissioned officer in the Marine Corps Reserve, filed an
application with this Board requesting that his record be
corrected to show two additional qualifying years so that he can
continue to be a member of the Marine Corps Reserve.
The Board, consisting of Mr. Dunne, Mr. Grover and Mr.
2.
Nicholson, reviewed Petitioner's allegations of error and
injustice on 22 January 2003 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 .
Petitioner completed 20 years of qualifying service for
reserve retirement at the end of his anniversary year on 21 April
1995.
During the seven year period from 22 April 1995 through 21
April 2002, he earned another five qualifying years.
In the
anniversary year ending 21 April 2000 he has been credited with
45 retirement points and in the anniversary year ending 21 April
2002 he has been credited with 40 retirement points.
has only been credited with membership points in the eighth
anniversary year which will end on 21 April 2003.
So far, he
d.
Marine Corps regulations state that after a reservist
qualifies for reserve retirement, the individual must retire if
an individual has two nonqualifying years.
e.
1999/2000 anniversary year. He
Petitioner states that he was in the Individual Ready
(IRR) during the
Reserve
affiliated with a unit in February 2000 but was only able to earn
45 of the required 50 retirement point for a qualifying year in
the time remaining until the end of the anniversary year on 21
Concerning the
April 2000.
that although he is a lawyer,
become a police officer and subsequently graduated from the South
Carolina Criminal Justice Academy with honors.
that because of the requirements to learn his new job and to wind
down his legal practice, he was only able to earn 40 retirement
be
points. He is requesting that sufficient retirement points
transferred into the two nonqualifying years to make them
qualifying so he can continue to be a member of the Marine
Reserve.
Corps
2001/2002 anniversary year, he states
he accepted an opportunity to
He further states
CONCLUSION:
The Board notes his many years of excellent service,
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
unique qualifications, desire for further service and the
circumstances that led to the two nonqualifying years at issue.
Therefore, the Board concludes that sufficient retirement points
should be transferred from the excess over 50 in qualifying years
to make the anniversary years ending on 21 April 2000 and 21
April 2002 qualifying for reserve retirement. With this
correction Petitioner will be able to continue in the Marine
Corps Reserve.
end on 21 April 2003, will not be qualifying.
future nonqualifying year will result in his retirement.
It appears that the anniversary year, which will
Therefore, any
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 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.
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
2
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
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.
W
Executive
3
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