DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVALRECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No:
29 October 2003
8041-03
Chairman, Board for Correction of Naval Records
Secretary of the Navy
L RECORD OF
(a) Title 10 U.S.C. 1552
(1)
(2) Subject's naval record
Case Summary
From:
To:
Subj:
Ref:
Encl:
The Board, consisting 0
alleg
1.
Pursuant to the provisions of reference (a), Petitioner, an
enlisted member in the Marine Corps Reserve, filed an application
with this Board requesting that his record be corrected to show
that the anniversary year ending 20 April 1991 was qualifying for
reserve retirement.
2.
reviewed Petitioner's
28 October 2003 and, pursuant to its regulations, 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.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
The Board, having reviewed all the facts of record pertaining
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitation and review the application on its
merits.
it is in the interest of justice to
Petitioner enlisted in the Marine Corps Reserve on 21
During the next 20 anniversary years, he earned 19
Aprilci983.
years of qualifying service for reserve retirement.
anniversary year that will end on 20 April 2004, he has already
earned sufficient points to make that year qualifying for reserve
retirement.
Retired Reserve after 20 April 2004.
Therefore, he will be eligible to transfer to the
In the
d.
In the anniversary year ending 20 April 1991, Petitioner
was only credited with 48 of the 50 retirement points needed for
As indicated this is the only year in his
a qualifying year.
entire career which is not qualifying for reserve retirement.
Petitioner states that on 6 April 1991 he was in a serious
Because of the
accident, which led to the loss of a kidney.
accident, he missed the drill weekend in April and was not able
He is requesting that two retirement
to earn a qualifying year.
points be transferred from the excess points in the preceding
year into the anniversary year ending 20 April 1991.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
Since Petitioner would have a continuous record of
action.
qualifying years for his entire career except for the serious
accident in April 1991, the Board concludes that corrective
action is warranted.
by moving two retirement points from the anniversary year ending
20 April 1990 into the anniversary year ending 20 April 1991.
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
record.
RECOMMENDATION:
Therefore, the record should be corrected
That Petitioner's naval record be corrected by moving two
That this Report of Proceedings be filed in Petitioner's
zetirement points from the anniversary year ending 20 April 1990
into the anniversary year ending 20 April 1991.
b.
naval record.
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
ROBERT D. ZSALMAN
Recorder
5.
Pursuant 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
Acting Recorder
'
2
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive Di
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