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NAVY | BCNR | CY2002 | 10734-02
Original file (10734-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TRG
 Docket No: 10734-02
27 March 2003







This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2003. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

A review of your Career Retirement Credit Report shows that on 11 February 2002, you completed 21 years of service in the Marine Corps and Marine Corps Reserve, and 19 of those years are qualifying for reserve retirement.

In the anniversary year ending 11 February 1987, you were only credited with 33 of the 50 retirement points necessary for a qualifying year. You state in your application that you were unable to earn a qualifying year because you transferred from the Individual Ready Reserve to an active status too late in the anniversary year to earn sufficient points. You are requesting that 17 retirement points be transferred into that year to make it qualifying for reserve retirement.

The Board noted that you are 39 years old and are still in a drilling status. Therefore, there does not appear to be any reason that you cannot earn one additional qualifying year and qualify for retirement from the Marine Corps Reserve. Further, you have not provided any compelling reason why the Board should grant the relief you seek. In the future, if you cannot continue to earn qualifying years and will be denied retirement because of the nonqualifying years, a future Board may act favorably on your request. The Board thus concluded that a correction to your record is not warranted at this time.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.






It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,



W.       DEAN PFEIFFER
Executive Director



























2

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