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NAVY | BCNR | CY2003 | 02310-03
Original file (02310-03.pdf) Auto-classification: Approved
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F N A V A L   RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0   TRG 

Docket 1 
6 May 28 

From: 
To : 

Chairman, Board for Correction of Naval Records 
Secretary of the Navy 

Subj : 

Ref: 

(a) Title 10 U.S.C.  1552 

Encl : 

(1) Case Summary 
(2) Subject's naval record 

1.  Pursuant to the provisions of reference (a), Petitioner, a 
commissioned officer in the Marine Corps Reserve, filed an 
application with this Board requesting that his record be 
corrected to show that the anniversary year ending 27 February 
1997 is qualifying for reserve retirement. 

2.  The Board, consisting of Mr. Harrison, Mr. Frankfurt and Mr. 
Nicholson, reviewed Petitioner's allegations of error and 
iajuafliee  oia  29 A p d L  -3  d, pwmnmHz  W  i+?s mqvWF*s, 
determined that the corrective action indicated below should be 
taken on the available evidence of record.  Documentary material 
considered by the Board consisted of the enclosures, naval 
records, and applicable statutes, regulations and policies. 

3.  The Board, having reviewed all the facts of record pertaining 
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.  ~lthough it appears that Petitioner's application was 

not filed in a timely manner, it is in the interest of justice to 
waive the statute of limitations and review the application on 
its merits. 

c.  During the period from 28 February 1986 through 27 

February 1996, Petitioner earned 10 consecutive qualifying years 
for reserve retirement.  In the last year, he completed an 
extended period of active duty and subsequently transferred to 
the Individual Ready Reserve  (IRR).  He affiliated with a reserve 
unit late in the next anniversary year but has only been credited 
with 49 of the 50 retirement points need for a qualifying year. 
Five of the next six anniversary years are qualifying for 
retirement.  Therefore, at the end of his anniversary year on 27 
February 2003, he has been credited with 15 years of qualifying 

service. 

d.  petitioner states in his application tha: he actually 

earned 50 points but the additional point was not credited due to 
administrative error.  In support of his request, he has 
submitted a letter from the battalion commander (who was 
commanding officer of a company at the time) who recommends that 
Petitioner's be credited with one additional retirement point. 
The letter states that Petitioner spent part of the 1996/1997 
anniversary year in the I R R   so he could attend a police academy, 
and he was authorized sufficient additional drills upon his 
return to a drilling status so that he could earn a qualifying 
year.  However, due to an administrative oversight one of the 
additional drills was not credited.  The two fitness reports 
covering the anniversary year at issue show that Petitioner 
perfored in an outstanding manner. 

CONCLUSION: 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's request warrants favorable 
action.  Given the recommendation of the battalion commander and 
Petitioner's record at that time of 10 consecutive qualifying 
years, the Board concludes that favorable action is warranted. 
Therefore, Petitioner should be credited with one nonpay drill in 
the anniversary year ending 27 February 1997. 

The Board further concludes that this Report of P3,oceedings 
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: 

a.  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. 

4.  It is certified that a quorum was present at the Board's 
review and deliberations, and that the foregoing i,s a true and 
complete record of the Board's proceedings in themabove entitled 
matter. 

ROBERT D. ZSALMAN 
Recorder 

ALAN E. GOLDSMITH 
Acting Recorder 

5.  Pw-suant to the delegation of authority set out in Section 
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. 



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