DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
18 December 2002
10670-02
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), Petitioner, a
1.
commissioned officer in the Marine Corps Reserve, filed an
application with this Board requesting that his record be
corrected to show that he was continued in the Marine Corps
Reserve to complete 24 years of commissioned service.
The Board, consisting of Mr. Zsalman, Mr. Pfeiffer and Mr.
2.
Adams, reviewed Petitioner's allegations of error and injustice
on 18 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 entered the Marine Corps Reserve on 9 August
znd accepted a commission on 21 August 1979.
1979
The record
shows that at the end of his anniversary year on 8 August 1995 he
was credited with 16 years of continuous qualifying service for
reserve retirement, about 12 years of which were on active duty.
During this 16 year period, on 1 February 1992, he was promoted
to major
1999, he was only credited with two qualifying years.
However, during the four years from 1993 to
(MAJ; O-4).
d.
Since Petitioner had failed of selection to lieutenant
colonel on two occasions and had 18 years of qualifying service,
in 1999 he was placed in the
Zone", which gave him three
"Safety
years to obtain the two qualifying years needed to be eligible
for reserve retirement.
years in the next two anniversary years.
However, he failed to earn qualifying
e .
Petitioner was recalled to active duty in late 2001 or
early 2002 and remains in that status today.
end of his anniversary year on 8 August 2002, he was credited
with 19 years of qualifying service.
He has sufficient active
duty in the next anniversary year to make that year qualifying.
However, he cannot remain in the Marine Corps Reserve because he
cannot earn 20 years of qualifying service prior to the end of
the safety zone period.
2002, unless he is selected for continuation in the Marine Corps
Reserve.
His discharge is required on 31 December
Therefore, at the
f.
Attached to enclosure (1) is an advisory opinion from
(HQMC) recommending that the Board
Headquarters Marine Corps
correct the record to show that Petitioner was continued to
complete 24 years of commissioned service.
selected for continuation by HQMC because such action cannot be
accomplished prior to 31 December 2002.
The enclosures to the
advisory opinion state that the United States Central Command
(USCENCOM) supports Petitioner's request because an equally
qualified officer is not available.
Petitioner cannot be
CONCLUSION:
Since Petitioner is performing essential duties in the Horn of
Africa Region in support of USCENTCCM,
recommendation contained in the advisory opinion.
Petitioner's record should be corrected to show that he was
selected for continuation to complete 24 years of commissioned
service.
the Board agrees with the
Therefore,
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 Marine Corps Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that he
a.
was selected for continuation in the Marine Corps Reserve to
complete 24 years of commissioned service.
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. 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
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