DEPARTMENTOFTHE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
9 September 2003
5507-03
.
Documentary material considered by the Board consisted of
together with all material submitted in support
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 3 September 2003.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
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.
The record shows that you were first commissioned in the Marine
Corps Reserve on 23 December 1983 and entered active duty on 9
January 1990.
Subsequently, you were commissioned in the Regular
Marine Corps.
You were honorably discharged on 1 November 1995
after almost 12 years of active duty.
On 2 November 1995 you were commissioned in the Marine Corps
Reserve.
career retirement credit report (CRCR) shows that with the
crediting of partial active duty years, you had 14 qualifying
years for reserve retirement as of 18 May 1997, the end of the
anniversary following your discharge from active duty.
In the
six anniversary years beginning on 19 May 1997 and ending on 18
May 2003, you have been credited with four additional qualifying
years.
In the anniversary year ending on 18 May 1998, you have
only been credited with 15 membership points.
In the anniversary
year ending 18 May 2000, you have been credited with 49 of the 50
points required for a qualifying year.
Therefore, at the end of
the anniversary year on 18 May 2003 you were credited with 18
years of qualifying service for reserve retirement.
Subsequently, you were promoted to Major (MAJ; O-4). A
that one retirement point be
You are requesting, in effect,
moved from an anniversary year with more than 50 retirement
points into the year in which you were credited with 49 points.
You contend that you thought that you had until the end of May to
earn 50 retirement points and were surprised when you learned
that the anniversary year ended on 18 May.
The Board has confirmed that you have been placed in the "Safety
It is
Zone" to earn 20 qualifying years and retirement.
mandatory that you be retired or discharged on 1 June 2005.
The Board noted that there are many individuals in the reserve
component that have missed qualifying years by a few points who
have had to serve additionai years in order to qualify for
Since you can remain a member of the Marine Corps
retirement.
Reserve until 1 June 2005, you are in a position to earn two
additional qualifying years and retire.
Further, you have not
provided any compelling reason why the Board should grant the
If you are unable two to qualifying years by
relief you seek.
June of 2005 you may reapply to this Board.
Accordingly, the
Board concluded that a correction to your record is not warranted
at this time.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
The names and
Sincerely,
2
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